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...
Freight and insurance were held includible in the assessable value under Rule 10(2) because the importer failed to produce clear documentary proof that the FOB price already covered transportation and insurance up to importation; oral assertion alone was insufficient, and the invoice terms supported the Revenue's case. However, the demand was barred by limitation because the importer had disclosed the invoiced value and the treatment of freight and insurance in the bill of entry and supporting documents, so suppression or wilful misstatement was not proved. The Tribunal applied the principle that suppression requires a positive, deliberate act and treated the dispute as revenue neutral, allowing the appeal on limitation and setting aside the duty, interest and penalty.
Freight and insurance were held includible in the assessable value under Rule 10(2) because the importer failed to produce clear documentary proof that the FOB price already covered transportation and insurance up to importation; oral assertion alone was insufficient, and the invoice terms supported the Revenue's case. However, the demand was barred by limitation because the importer had disclosed the invoiced value and the treatment of freight and insurance in the bill of entry and supporting documents, so suppression or wilful misstatement was not proved. The Tribunal applied the principle that suppression requires a positive, deliberate act and treated the dispute as revenue neutral, allowing the appeal on limitation and setting aside the duty, interest and penalty.
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