Tax authority's substitution of projected figures with actuals overturned; original acquisition valuation upheld; transfer pricing issues remitted for...
Beneficial owner held liable for differential customs duty; royalties added under Rule 10(1)(c); confiscation, penalties under s.111(m), s.114A, s.112...
AAR held that the applicant is not entitled to preferential customs duty under APTA for imports involving third-party invoicing. It found that the APTA Rules of Origin (Rules 2-6, 8) require originating status, direct consignment, and a valid Certificate of Origin, but contain no substantive provision authorizing third-country invoicing or third-country trade. The reference to "third-party trade" in the Certificate of Origin completion notes and administrative Instruction No. 23/2024 was treated as merely procedural and incapable of enlarging treaty-based benefits. Applying strict construction of taxing statutes, AAR ruled that, absent explicit treaty authorization, third-party invoicing cannot support APTA preferential duty.
AAR held that the applicant is not entitled to preferential customs duty under APTA for imports involving third-party invoicing. It found that the APTA Rules of Origin (Rules 2-6, 8) require originating status, direct consignment, and a valid Certificate of Origin, but contain no substantive provision authorizing third-country invoicing or third-country trade. The reference to "third-party trade" in the Certificate of Origin completion notes and administrative Instruction No. 23/2024 was treated as merely procedural and incapable of enlarging treaty-based benefits. Applying strict construction of taxing statutes, AAR ruled that, absent explicit treaty authorization, third-party invoicing cannot support APTA preferential duty.
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