Business deductions and transfer pricing issues: tribunal treatment of software write-offs, donation receipts, warranty provisions, and related expens...
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CESTAT held that the subsequent purchaser cannot be considered the actual importer liable for customs duty. Mr. Arshad Vayal Peedika, who filed the Bill of Entry under transfer of residence, is the actual importer. The differential duty demand against the subsequent purchaser was set aside. Confiscation of the vehicle and penalties under Sections 114A and 114AA were quashed, as the appellant did not participate in import clearance or make false declarations. The tribunal emphasized that liability for customs duty rests with the original importer who clears goods, not subsequent bona fide purchasers. Appeal disposed of in favor of the appellant.
CESTAT held that the subsequent purchaser cannot be considered the actual importer liable for customs duty. Mr. Arshad Vayal Peedika, who filed the Bill of Entry under transfer of residence, is the actual importer. The differential duty demand against the subsequent purchaser was set aside. Confiscation of the vehicle and penalties under Sections 114A and 114AA were quashed, as the appellant did not participate in import clearance or make false declarations. The tribunal emphasized that liability for customs duty rests with the original importer who clears goods, not subsequent bona fide purchasers. Appeal disposed of in favor of the appellant.
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