Reversal of input tax credit in proportion to exempt supply: specificity of show-cause notice required; order set aside, fresh proceedings allowed wit...
Benami transaction and beneficial ownership: documentary and circumstantial evidence show payors were true beneficiaries, resulting in PBPTA consequen...
Distinctness of software and hardware for customs valuation was reaffirmed: software supplied with imported machines is ordinarily distinct and not includable in the assessable value unless the legal tests for treating hardware and software as a single assessable good are satisfied; on the facts the Tribunal rejected inclusion of software value in diamond scanning machines and did not sustain the Commissioner's valuation. Re-opening of finalised assessments by invoking the extended period was held unjustified where duties were paid, no fraud or misrepresentation or excess payment beyond invoices was shown, and penalties and redemption fines were not sustainable absent any prohibition or regulatory breach on importation.
Distinctness of software and hardware for customs valuation was reaffirmed: software supplied with imported machines is ordinarily distinct and not includable in the assessable value unless the legal tests for treating hardware and software as a single assessable good are satisfied; on the facts the Tribunal rejected inclusion of software value in diamond scanning machines and did not sustain the Commissioner's valuation. Re-opening of finalised assessments by invoking the extended period was held unjustified where duties were paid, no fraud or misrepresentation or excess payment beyond invoices was shown, and penalties and redemption fines were not sustainable absent any prohibition or regulatory breach on importation.
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