Transfer pricing comparables and operating income principles applied to software development services, with exclusions, inclusions, and tax credit ver...
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Rejection of declared transaction value was sustained because the importer and overseas suppliers were owned or controlled by the same persons, creating reasonable doubt about the truth of the declared price under customs valuation rules. Once transaction value was rejected, valuation had to proceed strictly in sequence through the prescribed rules; the authority could not combine rules or apply Rule 8 on an unspecified basis. Arbitrary loading based on an average undervaluation percentage was impermissible. Redetermination survived only for consignments where an actual invoice established the true value and for undeclared goods supported by contemporaneous imports. Confiscation, redemption fine and penalties under multiple provisions were set aside.
Rejection of declared transaction value was sustained because the importer and overseas suppliers were owned or controlled by the same persons, creating reasonable doubt about the truth of the declared price under customs valuation rules. Once transaction value was rejected, valuation had to proceed strictly in sequence through the prescribed rules; the authority could not combine rules or apply Rule 8 on an unspecified basis. Arbitrary loading based on an average undervaluation percentage was impermissible. Redetermination survived only for consignments where an actual invoice established the true value and for undeclared goods supported by contemporaneous imports. Confiscation, redemption fine and penalties under multiple provisions were set aside.
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