Deductibility for charitable donations affirmed where payments to approved relief funds, even if CSR-driven, qualify under the donation deduction sche...
Mis-declaration in import descriptions must be deliberate to justify confiscation; withheld contemporaneous import documents invalidate value redeterm...
Liability for EPCG export shortfall: duty and interest sustained, but confiscation and penalties quashed where no fraud and causes beyond importer con...
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Differential customs duty could not be demanded on imported watches merely because authorised dealers later revised the retail sale price after clearance. The Tribunal held that the importer had declared the RSP at import, paid duty on that basis, and the goods were finally assessed without provisional assessment or user conditions; in the absence of evidence that the importer itself altered the RSP or knew of the later revision, rule 5 of the 2008 Rules was wrongly applied to an importer. The director's section 108 statement was also found irrelevant without compliance with section 138B. As the duty demand failed, the penalty under section 114A was also set aside.
Differential customs duty could not be demanded on imported watches merely because authorised dealers later revised the retail sale price after clearance. The Tribunal held that the importer had declared the RSP at import, paid duty on that basis, and the goods were finally assessed without provisional assessment or user conditions; in the absence of evidence that the importer itself altered the RSP or knew of the later revision, rule 5 of the 2008 Rules was wrongly applied to an importer. The director's section 108 statement was also found irrelevant without compliance with section 138B. As the duty demand failed, the penalty under section 114A was also set aside.
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