Necessary-party requirements limit impleadment of independent entities, while deferred consideration does not create an appealable adverse determinati...
Food supplement classification requires common parlance and authoritative tests, preventing treatment as proprietary Ayurvedic medicines without suppo...
Specified regulatory authority income receives conditional tax exemption, subject to non-commercial activity, unchanged income character, and return f...
Tax exemption for regulatory authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and return-filing...
Input tax credit conditions remain constitutionally valid, with eligible recipient claims considered under GST circulars and retrospective filing dead...
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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