Prohibited importation of cosmetics without prior regulatory registration attracts seizure and confiscation; warehousing or re export claims do not cu...
Provisional release on security permitted where cash deposit plus bond secures differential duty; classification and treaty benefits referred for deci...
Customs Valuation Rule Sequence must be followed; single-comparator re-determination and penalties set aside without comparability or proof of mis-dec...
Separately Identifiable Services: transportation found to be the essential character, so Cargo Handling classification and extended limitation rejecte...
Tribunal held that AMP expenses can, in principle, constitute an international transaction but their existence must be established by tangible material rather than by application of the Bright Line Test (BLT). The BLT lacks statutory mandate and cannot be used to compute or convert protective adjustments into substantive TP adjustments. On the facts the assessee's disclosed and adjusted gross margins exceed comparables, so adequacy of compensation for AMP expenses was found and upward transfer pricing adjustments by TPO/DRP were struck down for the years under appeal.
Tribunal held that AMP expenses can, in principle, constitute an international transaction but their existence must be established by tangible material rather than by application of the Bright Line Test (BLT). The BLT lacks statutory mandate and cannot be used to compute or convert protective adjustments into substantive TP adjustments. On the facts the assessee's disclosed and adjusted gross margins exceed comparables, so adequacy of compensation for AMP expenses was found and upward transfer pricing adjustments by TPO/DRP were struck down for the years under appeal.
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