Allocation of registration charges: contractual clause overriding statutory presumption allowed as deduction against capital gain after unrebutted doc...
Expenditure tied to investments yielding exempt income restricted to attributable costs; broader disallowance disallowed and adjustments to WDV and mi...
Admissibility of Investigative Statements invalidated reliance on coerced emails and valuation redetermination, resulting in set aside of penalties an...
Classification of printed technical documents: specific Chapter 49.01 entry prevails, enabling claimed customs exemptions for imported manuals and rep...
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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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