International transaction characterisation of domestic divestment of support services business rejected; transaction between resident associated enter...
Minimum Import Price restrictions for Black Pepper, Areca-nuts and Apples upheld; procedural laying failure not fatal, notifications to be placed befo...
Transaction value between related persons requires market-equivalent pricing; importer must prove declared value mirrors ordinary international trade ...
Classification of exported insecticides under export tariff affirmed; reclassification and related penalties set aside and MEIS scrip jurisdiction rec...
A claim of forged Chartered Accountant certificates in a non-resident to resident share transfer failed because the appellant relied only on an uncorroborated denial and produced no independent proof of forgery. The Tribunal noted that the required documents had been routed through the authorised dealer bank, the transaction had been reported, and other material, including a later Chartered Accountant certificate and an invoice linked to the certificates, supported the respondents' version. In the absence of a police complaint or other corroborative evidence, mere suspicion was insufficient to displace the documentary record or establish contravention of the applicable FEMA and RBI transfer and pricing requirements. The appeal was dismissed and the respondents' exoneration was upheld.
A claim of forged Chartered Accountant certificates in a non-resident to resident share transfer failed because the appellant relied only on an uncorroborated denial and produced no independent proof of forgery. The Tribunal noted that the required documents had been routed through the authorised dealer bank, the transaction had been reported, and other material, including a later Chartered Accountant certificate and an invoice linked to the certificates, supported the respondents' version. In the absence of a police complaint or other corroborative evidence, mere suspicion was insufficient to displace the documentary record or establish contravention of the applicable FEMA and RBI transfer and pricing requirements. The appeal was dismissed and the respondents' exoneration was upheld.
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