Treaty benefit, goodwill depreciation and hedging costs: export commission disallowed, while key business deductions and depreciation claims succeeded...
Undisclosed foreign asset classification requires an unexplained source; unrebutted affidavits and corroborative evidence defeated the Black Money Act...
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.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4796
Join Channel
TaxTMI 
