Dispute Resolution Panel objections must reach both prescribed forums; otherwise assessment may proceed and statutory appeal remains the proper remedy...
Political contribution deductions require recipient party compliance with contribution-reporting conditions; banking-channel donations alone do not qu...
Aggregation under TNMM prevents selective testing of intra-group services without comparable uncontrolled transactions, while appellate additional cla...
Protective assessment cannot duplicate identical receipts under competing characterisations; remote services did not establish a taxable permanent est...
Current account treatment of overseas tournament services removed most FEMA findings, but excess EEFC remittance and delayed repatriation remained bre...
Modification of bail conditions remains available through inherent jurisdiction where onerous deposits undermine justice and cannot recover disputed d...
Misdeclaration of value was not established because the Chartered Engineer's valuation was given casually, no supporting material or comparable imports were produced, and there was no evidence that the importer paid more than the invoice price; the re-determination of assessable value was therefore unsustainable. The goods also could not be classified as incomplete or unfinished computer systems, since the authorities recorded no reasons, the descriptions "computer cabinet cases" and "bare bone systems" were used interchangeably, and a cabinet case with only a motherboard and fan did not attain the essential character of a computer without a CPU. The appeals were allowed and the impugned orders were set aside.
Misdeclaration of value was not established because the Chartered Engineer's valuation was given casually, no supporting material or comparable imports were produced, and there was no evidence that the importer paid more than the invoice price; the re-determination of assessable value was therefore unsustainable. The goods also could not be classified as incomplete or unfinished computer systems, since the authorities recorded no reasons, the descriptions "computer cabinet cases" and "bare bone systems" were used interchangeably, and a cabinet case with only a motherboard and fan did not attain the essential character of a computer without a CPU. The appeals were allowed and the impugned orders were set aside.
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