Admissibility of electronic evidence bars undervaluation demands where printouts, retracted statements and no cross-examination leave the case unprove...
Limitation in oppression and mismanagement proceedings: prior knowledge of removal and dilution barred the challenge, with valuation directions upheld...
CESTAT Chennai addressed the issue of including royalty payments in the transaction value of imported raw materials for customs duty calculation. The tribunal found that the royalty payment to Valeo, France was not directly linked to the import of raw materials but rather tied to various services and rights provided under the Technology Licence Agreement. The tribunal held that the Department's attempt to invoke the extended period for duty demand was not legally sustainable as the issue was known to the Department for years without action. The tribunal set aside the differential duty demand for 13 years, emphasizing that royalty should not be included in the transaction value of imported raw materials. The appeal was allowed, granting consequential benefits as per the law.
CESTAT Chennai addressed the issue of including royalty payments in the transaction value of imported raw materials for customs duty calculation. The tribunal found that the royalty payment to Valeo, France was not directly linked to the import of raw materials but rather tied to various services and rights provided under the Technology Licence Agreement. The tribunal held that the Department's attempt to invoke the extended period for duty demand was not legally sustainable as the issue was known to the Department for years without action. The tribunal set aside the differential duty demand for 13 years, emphasizing that royalty should not be included in the transaction value of imported raw materials. The appeal was allowed, granting consequential benefits as per the law.
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