Retrospective invalidity of ocean-freight IGST supports refunds despite non-party status and prior credit utilisation, subject to authorised appeal gr...
Additional evidence in departmental appeals may include show-cause-notice material without introducing a new case where it merely corroborates existin...
Reasoned rectification orders require consideration of expenditure disclosed in income-tax returns, preventing revision based on incomplete income com...
Modified returns after business reorganisations cannot trigger fresh scrutiny once the original assessment was complete, invalidating related transfer...
Third-party loose sheets require reliable nexus before supporting unexplained expenditure additions; presumptions do not establish payer identity or o...
TNMM comparability using audited accounts and working-capital adjustments can eliminate unwarranted transfer-pricing additions where verified margins ...
Gross-profit additions on disputed purchases require reasoned appellate determination; disclosed claims alone do not support inaccurate-particulars pe...
Limitation after transfer-pricing remand: fresh TPO reference did not extend the assessment deadline, rendering the consequential assessment time-barr...
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Rules of Origin under a trade agreement prevail over CAROTAR, 2020 where inconsistent. For preferential imports under the India-UK CETA, a valid Origin Declaration from the UK exporter or producer is sufficient proof of origin; Form-I is neither required with the Bill of Entry nor a condition for preferential tariff treatment. Form-I information may be sought only where risk-based origin checks are triggered and the proper officer has reason to believe origin criteria are unmet. Failure to provide exporter or producer confidential information cannot alone deny preference, and insufficient information may be verified through the exporting party's Verification Authority. Earlier adverse origin determinations apply to later imports only when goods are genuinely identical, subject to importer submissions and independent assessment of materially different goods.
Rules of Origin under a trade agreement prevail over CAROTAR, 2020 where inconsistent. For preferential imports under the India-UK CETA, a valid Origin Declaration from the UK exporter or producer is sufficient proof of origin; Form-I is neither required with the Bill of Entry nor a condition for preferential tariff treatment. Form-I information may be sought only where risk-based origin checks are triggered and the proper officer has reason to believe origin criteria are unmet. Failure to provide exporter or producer confidential information cannot alone deny preference, and insufficient information may be verified through the exporting party's Verification Authority. Earlier adverse origin determinations apply to later imports only when goods are genuinely identical, subject to importer submissions and independent assessment of materially different goods.
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