Patent-settlement expenditure treated as commercially expedient revenue outlay, with foreign-law restrictions inapplicable before the prospective amen...
International transaction benchmarking restricts transfer pricing adjustments to associated-enterprise dealings, while functional comparability govern...
Joint development agreements defer taxable transfer where possession lacks part performance, while completed flats determine consideration and exempti...
Passenger baggage re-export requires true declaration and cannot be granted indirectly through discretionary redemption of undeclared prohibited goods...
Undervaluation of imported goods - Patchouli Oil - The CESTAT found that the rejection of the declared value lacked legal basis and was unsupported by evidence. The Tribunal emphasized the importance of comparability in valuation and noted the lack of evidence in this regard. Additionally, the court clarified that the insurance value should not influence customs valuation. Finally, the penalty imposed on the director of the appellant company was set aside due to the lack of evidence of deliberate violation of customs laws. As a result, the appeals filed by the appellants were allowed.
Undervaluation of imported goods - Patchouli Oil - The CESTAT found that the rejection of the declared value lacked legal basis and was unsupported by evidence. The Tribunal emphasized the importance of comparability in valuation and noted the lack of evidence in this regard. Additionally, the court clarified that the insurance value should not influence customs valuation. Finally, the penalty imposed on the director of the appellant company was set aside due to the lack of evidence of deliberate violation of customs laws. As a result, the appeals filed by the appellants were allowed.
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