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Transfer pricing rules require benchmarking corporate guarantees and associated-enterprise advances, while invalid domestic-transaction adjustments ca...
Prospective sugar export prohibition required registered letters of credit; private contracts and export quotas created no enforceable continuation ri...
CESTAT held that an application to produce additional evidence must be tested under rule 23 by asking whether the documents are needed to enable the Tribunal to pass orders or whether sufficient cause exists. The earlier rejection was defective because it relied only on late filing and absence of good reason, without applying the governing standard. As the documents related to the gold bars in dispute and could assist adjudication, the omission amounted to a mistake apparent from the record. The rejection order was recalled, the application for additional evidence was allowed, and the consequential final order was also recalled for fresh hearing of the appeal.
CESTAT held that an application to produce additional evidence must be tested under rule 23 by asking whether the documents are needed to enable the Tribunal to pass orders or whether sufficient cause exists. The earlier rejection was defective because it relied only on late filing and absence of good reason, without applying the governing standard. As the documents related to the gold bars in dispute and could assist adjudication, the omission amounted to a mistake apparent from the record. The rejection order was recalled, the application for additional evidence was allowed, and the consequential final order was also recalled for fresh hearing of the appeal.
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