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The text addresses valuation of exports under FOB principles,...

FOB Valuation: protective-agent commissions affect export duty and can trigger civil penalties and director liability.

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FEMA February 25, 2026 Case Laws AT
The text addresses valuation of exports under FOB principles, holding that FOB includes costs incurred up to loading (factory price, inland transport, packing, loading, commission/commission-like fees) and that deductions for protective-agent commissions affect export duty calculation. It treats customs settlement and deposit as admissible admissions by conduct bearing evidential weight. The piece states directors can be held liable for company contraventions absent evidence of due diligence or lack of knowledge, observing the civil penalty regime does not require mens rea. It also notes a proviso permitting adjudication beyond the target period provided reasons for delay are periodically recorded and considered.

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Acts Income Tax