Transfer-pricing treatment of ITeS margins excludes pass-through tax recoveries and separate delayed-receivables interest after working-capital adjust...
Capacity-utilisation adjustments under TNMM can neutralise substantiated COVID-related idle costs where underutilisation materially affects profitabil...
TNMM functional comparability requires excluding rice manufacturers from a pure Basmati rice trader's benchmark and recognising operating export recei...
Working-capital adjustment subsumes delayed-receivable effects in TNMM benchmarking of captive software-development services, avoiding separate notion...
Transfer-pricing comparability requires exclusion of financially illogical super-profit comparables and correction of unsupported annual-report and ma...
Charitable character assessment preserves Section 80G approval despite inclusive spiritual teachings and incidental religious expenditure within the s...
Penalty proceedings for cash-loan acceptance require assessment proceedings and recorded Assessing Officer satisfaction; absent these, the proceedings...
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Pursuant to the Supreme Court decisions in Commissioner of Customs, Chennai v. M/s. Denso Kirloskar Industries Pvt Ltd. and Commissioner of Customs (Import), Mumbai v. M/s. Hindalco Industries Ltd., charges can be included in the assessable value only if established as a condition of sale and not related to post-importation activities. In the present case, neither the contract nor the impugned order identified procurement of licenses for process know-how or supervision of erection and commissioning as conditions of sale. Moreover, the license fee related to the manufacturing process, a post-importation activity. Since these activities were clearly post-importation and not conditions of sale, the charges paid cannot form part of the assessable value of the goods. Consequently, the impugned order cannot be sustained, and the appeal is allowed.
Pursuant to the Supreme Court decisions in Commissioner of Customs, Chennai v. M/s. Denso Kirloskar Industries Pvt Ltd. and Commissioner of Customs (Import), Mumbai v. M/s. Hindalco Industries Ltd., charges can be included in the assessable value only if established as a condition of sale and not related to post-importation activities. In the present case, neither the contract nor the impugned order identified procurement of licenses for process know-how or supervision of erection and commissioning as conditions of sale. Moreover, the license fee related to the manufacturing process, a post-importation activity. Since these activities were clearly post-importation and not conditions of sale, the charges paid cannot form part of the assessable value of the goods. Consequently, the impugned order cannot be sustained, and the appeal is allowed.
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