Trademark depreciation and section 14A adjustments: ITAT applies consistency, independent book-profit computation, and no disallowance without exempt ...
Rebuttable search presumptions and corroboration standards shaped deletion of unsubstantiated additions, while rental income and limited profit estima...
No actionable misdeclaration of quantity was established where 111 pieces were found in excess of the declared 4,320 pieces, because the excess was small, consistent with the supplier's explanation of allowing for transit damage, and insufficient to justify confiscation or penalty; duty, at most, was payable on the extra pieces. The rejection of the declared value was also unsustainable: the department's revaluation at 12 USD per piece rested only on a casual Chartered Engineer's indication, without contemporaneous comparable imports or evidence of extra payment over invoice price. The goods were further not classifiable as incomplete computer systems, since a cabinet case with only a motherboard and fan lacked the essential character of a computer.
No actionable misdeclaration of quantity was established where 111 pieces were found in excess of the declared 4,320 pieces, because the excess was small, consistent with the supplier's explanation of allowing for transit damage, and insufficient to justify confiscation or penalty; duty, at most, was payable on the extra pieces. The rejection of the declared value was also unsustainable: the department's revaluation at 12 USD per piece rested only on a casual Chartered Engineer's indication, without contemporaneous comparable imports or evidence of extra payment over invoice price. The goods were further not classifiable as incomplete computer systems, since a cabinet case with only a motherboard and fan lacked the essential character of a computer.
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