Reopening of assessment cannot rest solely on an audit party's opinion; reassessment under Section 147/148 is impermissible and power of revision shou...
Tested party selection: functional analysis identified the least complex unit as the appropriate tested party, altering the transfer pricing adjustmen...
CESTAT set aside penalties on the freight forwarder and its authorised representative after finding that the case rested on presumption rather than evidentiary linkage. It held that, on the reading of Circular No. 41/2017-Cus, mere movement of export goods to the ICD without RFID e-seal, where self-sealing permission was absent, did not by itself establish an offence when de-stuffing and 100% examination had been carried out. The order also failed to show what undue export benefit was sought or how the appellants were connected to the alleged dummy or fake documents. With penalties on the alleged document-generating co-noticees already set aside, no basis survived for penalties under sections 114 and 114AA.
CESTAT set aside penalties on the freight forwarder and its authorised representative after finding that the case rested on presumption rather than evidentiary linkage. It held that, on the reading of Circular No. 41/2017-Cus, mere movement of export goods to the ICD without RFID e-seal, where self-sealing permission was absent, did not by itself establish an offence when de-stuffing and 100% examination had been carried out. The order also failed to show what undue export benefit was sought or how the appellants were connected to the alleged dummy or fake documents. With penalties on the alleged document-generating co-noticees already set aside, no basis survived for penalties under sections 114 and 114AA.
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