ESOP expenditure allowed as FMV difference; long-term capital gain issue sent back for collector rate determination; deferred income additions disallo...
Appeal allowed; impugned order quashed as regulator failed to prove nexus or manipulative scheme; sale genuine - s.12A(a)-(c), Regs 3(a)-(d),4(1),4(2)...
Appellant's ring-back tone service held OIDAR, taxable domestically for 01.07.2012-31.07.2016; liability confirmed, penalties vacated, remanded for re...
CESTAT held that the impugned order was set aside and the appeal allowed, concluding that customs officers lack statutory authority to redetermine the FOB transaction value agreed between the exporter (Appellant) and the overseas buyer (Respondent). The Tribunal affirmed that FOB constitutes the transaction value where the exporter bears costs and risks until goods are placed on board, and neither the Act nor the Export Valuation Rules empower a proper officer or any third party to alter that contractual transaction value for benefits assessment. The proper officer's valuation powers relate to assessable value for duty purposes under section 14 and do not extend to revising an agreed FOB sale price.
CESTAT held that the impugned order was set aside and the appeal allowed, concluding that customs officers lack statutory authority to redetermine the FOB transaction value agreed between the exporter (Appellant) and the overseas buyer (Respondent). The Tribunal affirmed that FOB constitutes the transaction value where the exporter bears costs and risks until goods are placed on board, and neither the Act nor the Export Valuation Rules empower a proper officer or any third party to alter that contractual transaction value for benefits assessment. The proper officer's valuation powers relate to assessable value for duty purposes under section 14 and do not extend to revising an agreed FOB sale price.
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