Revisionary jurisdiction cannot reopen share capital assessments where adequate inquiry supports a permissible view and no independent error is establ...
Reassessment jurisdiction fails where unverified portal information is aggregated without examining the taxpayer's explanation or relevance of entries...
Statutory sanction for delayed reassessment requires approval from the prescribed authority; approval by an inferior authority invalidates jurisdictio...
Transfer pricing margin adjustments require matching treatment of non-operating income and related costs, with comparability issues reconsidered on ev...
Preliminary-expense amortisation and MAT exempt-income adjustments prevailed, while trademark costs and managerial remuneration require fresh verifica...
Export valuation requires contemporaneous evidence; unrelated invoices cannot prove overvaluation, and dual penalties on firm and partner are impermis...
Ratification of resignation acceptance validates separation retrospectively, while withdrawal may be refused through reasoned administrative discretio...
Reusable metal containers owned by an overseas supplier and imported with raw material were not treated as separately dutiable goods under the Customs Act, 1962; applying the Supreme Court principle in Chairman, Board of Trustees, Cochin Port Trust v. Arebee Star Maritime Agencies, the Tribunal held that duty could not be demanded again on the containers. Under section 14 read with Rule 10(1) of the Customs Valuation Rules, 2007, only packing cost actually incurred or payable by the importer could be included, and the rental value of the packing material was already reflected in the CIF value of the imported synthetic rubber. The reassessment, including interest and penalties, was set aside.
Reusable metal containers owned by an overseas supplier and imported with raw material were not treated as separately dutiable goods under the Customs Act, 1962; applying the Supreme Court principle in Chairman, Board of Trustees, Cochin Port Trust v. Arebee Star Maritime Agencies, the Tribunal held that duty could not be demanded again on the containers. Under section 14 read with Rule 10(1) of the Customs Valuation Rules, 2007, only packing cost actually incurred or payable by the importer could be included, and the rental value of the packing material was already reflected in the CIF value of the imported synthetic rubber. The reassessment, including interest and penalties, was set aside.
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