Commercial vehicle depreciation, scientifically determined warranty provisions and exempt-income disallowances were resolved in favour of the taxpayer...
Transaction-value rejection for alleged under-invoicing requires cogent, independent and legally admissible evidence specifically linked to the importer's transactions. Third-party materials, statements concerning other importers, similar declared prices and comparative data do not establish a nexus or common design, particularly without evidence of payments beyond invoice value. Private price publications require proof of source, methodology, reliability and comparability before they can displace declared values. The sequential customs valuation methods must be considered with sustainable reasons before use of the residual method, including comparable contemporaneous imports. Coordinate Bench precedent arising from substantially similar investigations should be followed or distinguished by cogent reasons where it remains operative.
Transaction-value rejection for alleged under-invoicing requires cogent, independent and legally admissible evidence specifically linked to the importer's transactions. Third-party materials, statements concerning other importers, similar declared prices and comparative data do not establish a nexus or common design, particularly without evidence of payments beyond invoice value. Private price publications require proof of source, methodology, reliability and comparability before they can displace declared values. The sequential customs valuation methods must be considered with sustainable reasons before use of the residual method, including comparable contemporaneous imports. Coordinate Bench precedent arising from substantially similar investigations should be followed or distinguished by cogent reasons where it remains operative.
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