Advance pricing agreement methodology can guide benchmarking for non-covered years when functions, assets, risks and activities remain materially unch...
Tax-audit exemption for substantially State-funded educational universities prevents audit-failure penalties where income qualifies for statutory exem...
Functional, asset and risk analysis excludes diversified technology companies from captive software development comparables under cost-plus arrangemen...
Mobile-phone electronic evidence failed to establish customs undervaluation, while duty survived on non-authentic origin certificates without importer...
Automotive radio classification treats integrated infotainment features as supplementary, placing complete and qualifying unassembled units under the ...
Separate corporate personality prevents directors from being personally liable for company deposits without a guarantee or independent legal undertaki...
Section 129DD permits the revisional authority to annul or modify an appellate customs order and, absent an express prohibition, remit confiscation and redemption proceedings for fresh adjudication. Revisional review may correct an appellate finding that overlooks material evidence, including circumstances relevant to a purchase invoice and the claimant's burden to prove lawful import, without finally deciding redemption or confiscation. A separate show-cause notice is required only for enhancement of penalty or fine or confiscation of goods of greater value; it is unnecessary for remand where the affected party has been heard. Statutory revision time limits cannot be enlarged under the Limitation Act, but a limitation challenge fails where the communication date is unproved. The writ petition was dismissed and remand sustained.
Section 129DD permits the revisional authority to annul or modify an appellate customs order and, absent an express prohibition, remit confiscation and redemption proceedings for fresh adjudication. Revisional review may correct an appellate finding that overlooks material evidence, including circumstances relevant to a purchase invoice and the claimant's burden to prove lawful import, without finally deciding redemption or confiscation. A separate show-cause notice is required only for enhancement of penalty or fine or confiscation of goods of greater value; it is unnecessary for remand where the affected party has been heard. Statutory revision time limits cannot be enlarged under the Limitation Act, but a limitation challenge fails where the communication date is unproved. The writ petition was dismissed and remand sustained.
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TaxTMI 
TaxTMI 
of 4902 
