Allocation of registration charges: contractual clause overriding statutory presumption allowed as deduction against capital gain after unrebutted doc...
Expenditure tied to investments yielding exempt income restricted to attributable costs; broader disallowance disallowed and adjustments to WDV and mi...
Admissibility of Investigative Statements invalidated reliance on coerced emails and valuation redetermination, resulting in set aside of penalties an...
Classification of printed technical documents: specific Chapter 49.01 entry prevails, enabling claimed customs exemptions for imported manuals and rep...
CESTAT considered whether payments to a foreign supplier's local agent and linked product support/service payments form part of assessable transaction value under the Customs Valuation Rules, applying the transaction value and arm's length principles and Rule 9(1)(e). The tribunal upheld the adjudicating authority's factual findings on valuation and declined Revenue's challenge for lack of fresh specifics, while exercising discretion under the Customs Act to substantially reduce the penalty under the discretionary penalty provision given mitigating factors including ongoing Supreme Court litigation and public sector status; appeal by Revenue dismissed and importer appeal partly allowed.
CESTAT considered whether payments to a foreign supplier's local agent and linked product support/service payments form part of assessable transaction value under the Customs Valuation Rules, applying the transaction value and arm's length principles and Rule 9(1)(e). The tribunal upheld the adjudicating authority's factual findings on valuation and declined Revenue's challenge for lack of fresh specifics, while exercising discretion under the Customs Act to substantially reduce the penalty under the discretionary penalty provision given mitigating factors including ongoing Supreme Court litigation and public sector status; appeal by Revenue dismissed and importer appeal partly allowed.
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