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...
A customs broker ordinarily functions as agent of the exporter and acts on the exporter's instructions; primary responsibility for correctness of shipping bill particulars, including valuation, rests with the exporter. Penalty for facilitating overvaluation cannot be sustained without a specific adjudicatory finding and positive evidence that the broker committed acts or omissions that enabled over invoicing or rendered goods liable to confiscation. Where investigation and orders fail to establish the broker's role in alleged overvaluation, imposition of penalty is not justified and must be set aside.
A customs broker ordinarily functions as agent of the exporter and acts on the exporter's instructions; primary responsibility for correctness of shipping bill particulars, including valuation, rests with the exporter. Penalty for facilitating overvaluation cannot be sustained without a specific adjudicatory finding and positive evidence that the broker committed acts or omissions that enabled over invoicing or rendered goods liable to confiscation. Where investigation and orders fail to establish the broker's role in alleged overvaluation, imposition of penalty is not justified and must be set aside.
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