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...
Transaction value declared for imports from a related foreign principal was held to represent true assessable value because the supervisory valuation bench had concluded the relationship did not influence price; the assessing officers rejection based on later observations and selected contemporaneous third-party prices was unjustified. The tribunal found the SVB order valid for the relevant consignments, disapproved adoption of third-party contemporaneous prices where buyers and quantities differed, and accepted that price differences fell within permissible resale margins and overheads. Consequentially, the impugned re-determination of value was set aside and the appeal allowed.
Transaction value declared for imports from a related foreign principal was held to represent true assessable value because the supervisory valuation bench had concluded the relationship did not influence price; the assessing officers rejection based on later observations and selected contemporaneous third-party prices was unjustified. The tribunal found the SVB order valid for the relevant consignments, disapproved adoption of third-party contemporaneous prices where buyers and quantities differed, and accepted that price differences fell within permissible resale margins and overheads. Consequentially, the impugned re-determination of value was set aside and the appeal allowed.
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