Transfer pricing comparables and operating income principles applied to software development services, with exclusions, inclusions, and tax credit ver...
Transfer pricing on performance guarantees and overdue receivables deleted where warranty obligations were embedded and working capital adjustment alr...
Transaction value in customs valuation was upheld because the Department failed to prove undervaluation with cogent, admissible and corroborated evidence. Parallel invoices were unauthenticated, overseas verification was untested by cross-examination, insurance values and e-mails were unreliable, and retracted statements lacked independent corroboration; the declared price could not therefore be rejected. As the re-determination of assessable value collapsed, the differential duty demand, confiscation and importer's penalty also failed, and no independent evidence supported the abettor's penalty. The extended period of limitation was likewise unsustainable because suppression or wilful misstatement was not proved, rendering the demand time-barred.
Transaction value in customs valuation was upheld because the Department failed to prove undervaluation with cogent, admissible and corroborated evidence. Parallel invoices were unauthenticated, overseas verification was untested by cross-examination, insurance values and e-mails were unreliable, and retracted statements lacked independent corroboration; the declared price could not therefore be rejected. As the re-determination of assessable value collapsed, the differential duty demand, confiscation and importer's penalty also failed, and no independent evidence supported the abettor's penalty. The extended period of limitation was likewise unsustainable because suppression or wilful misstatement was not proved, rendering the demand time-barred.
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