Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
Specified income of Baddi Barotiwala Nalagarh Development Authority receives conditional tax exemption, retrospectively covering its designated assess...
Specified development authority income receives retrospective tax exemption, subject to non-commercial activity, unchanged income sources, and return-...
Unified Brand India framework introduces voluntary Trust Mark certification and funding support for export branding, packaging and global promotional ...
Origin Declaration authentication governs preferential tariff claims under India-UK CETA, requiring a validated reference number before import clearan...
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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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