Deductibility for charitable donations affirmed where payments to approved relief funds, even if CSR-driven, qualify under the donation deduction sche...
Mis-declaration in import descriptions must be deliberate to justify confiscation; withheld contemporaneous import documents invalidate value redeterm...
Liability for EPCG export shortfall: duty and interest sustained, but confiscation and penalties quashed where no fraud and causes beyond importer con...
Undervaluation of imported networking equipment turned on whether embedded or integral software must form part of the transaction value of hardware; Tribunal affirms inclusion of software value and upholds duty confirmation on valuation grounds. Tribunal finds the classification and separation of software was interpretative and based on a bona fide belief, so there was no suppression or wilful misstatement; extended limitation for fraud/suppression cannot be invoked and penalty is set aside. Consequentially, demands are remitted for re quantification limited to the normal period of limitation, with amounts outside that period held time barred.
Undervaluation of imported networking equipment turned on whether embedded or integral software must form part of the transaction value of hardware; Tribunal affirms inclusion of software value and upholds duty confirmation on valuation grounds. Tribunal finds the classification and separation of software was interpretative and based on a bona fide belief, so there was no suppression or wilful misstatement; extended limitation for fraud/suppression cannot be invoked and penalty is set aside. Consequentially, demands are remitted for re quantification limited to the normal period of limitation, with amounts outside that period held time barred.
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