Alternative statutory remedy and unexplained delay barred writ review of customs confiscation adjudication, leaving merits for appellate consideration...
Authorised courier due diligence protects against penalties where declared exports conceal prohibited goods despite proper documentation and customs p...
Customs-controlled container movement now extends to DP World facilities, subject to segregation, inspections, reconciliation, and EXIM cargo priority...
Royalty payments under a Licence and Technical Assistance Agreement were not addable to the transaction value of imported goods. The agreement covered transfer of technology, technical know-how, and confidential information for manufacturing products, with royalty payable on net sales value. The royalty was not conditional upon import of raw materials. As per the BREMBO case, royalty not linked to imported goods or a condition of sale is not includible in assessable value. The Tribunal held the royalty payments were not addable to the transaction value of imported goods for the period 2012-13 to 2014-15 u/s 14 of the Customs Act, 1962 read with Rule 10(1)(c) of the Customs Valuation Rules, 2007, rejecting the Revenue's appeal.
Royalty payments under a Licence and Technical Assistance Agreement were not addable to the transaction value of imported goods. The agreement covered transfer of technology, technical know-how, and confidential information for manufacturing products, with royalty payable on net sales value. The royalty was not conditional upon import of raw materials. As per the BREMBO case, royalty not linked to imported goods or a condition of sale is not includible in assessable value. The Tribunal held the royalty payments were not addable to the transaction value of imported goods for the period 2012-13 to 2014-15 u/s 14 of the Customs Act, 1962 read with Rule 10(1)(c) of the Customs Valuation Rules, 2007, rejecting the Revenue's appeal.
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