Benami transaction and beneficial ownership: documentary and circumstantial evidence show payors were true beneficiaries, resulting in PBPTA consequen...
Denial of Preferential Treatment under SAFTA overturned where unchallenged Country of Origin certificate warranted exemption under Notification benefi...
Continuing offence of money-laundering: discharge set aside and proceedings reinstated where laundering continued after inclusion of predicate offence...
Differential duty demand on imported gold bars under a "consignment sale" arrangement was examined on whether post-import remittances to the overseas supplier reflected a "sale" after import affecting transaction value under s.14. The Tribunal held valuation must follow CVR, 2007 sequentially; where declared value is based on the contemporaneous LBMA/LME-linked price, it constitutes the value of similar goods under Rule 5 and satisfies s.14, and Revenue having not disputed the benchmark could not revalue goods by adding post-import charges. Consequently, the declared bill of entry value was upheld, the impugned order was set aside, and the appeal was allowed with consequential relief; similar cases may be considered consistently as per law. - CESTAT
Differential duty demand on imported gold bars under a "consignment sale" arrangement was examined on whether post-import remittances to the overseas supplier reflected a "sale" after import affecting transaction value under s.14. The Tribunal held valuation must follow CVR, 2007 sequentially; where declared value is based on the contemporaneous LBMA/LME-linked price, it constitutes the value of similar goods under Rule 5 and satisfies s.14, and Revenue having not disputed the benchmark could not revalue goods by adding post-import charges. Consequently, the declared bill of entry value was upheld, the impugned order was set aside, and the appeal was allowed with consequential relief; similar cases may be considered consistently as per law. - CESTAT
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4816 
Join Channel 
