Person chargeable with duty must be the importer at importation; subsequent purchasers cannot be held liable where beneficial owner rules did not appl...
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...
Reimbursement of advertisement and promotion on a cost-to-cost basis was held allowable where the sister concern had already deducted tax on the underlying expenditure and no mark-up or lack of genuineness was shown; section 40(a)(ia) disallowance was deleted. Retainership fee under the joint venture arrangement was accepted as business expenditure, but for AY 2005-06 only proportionate accrual from the implementation date was allowed, with full claims upheld for later years. Reimbursement of joint venture operating expenses, business promotion expenditure, and fuel and telephone costs were also allowed, while short deduction of TDS did not attract section 40(a)(ia). Section 14A disallowance was sustained on a reasonable estimate.
Reimbursement of advertisement and promotion on a cost-to-cost basis was held allowable where the sister concern had already deducted tax on the underlying expenditure and no mark-up or lack of genuineness was shown; section 40(a)(ia) disallowance was deleted. Retainership fee under the joint venture arrangement was accepted as business expenditure, but for AY 2005-06 only proportionate accrual from the implementation date was allowed, with full claims upheld for later years. Reimbursement of joint venture operating expenses, business promotion expenditure, and fuel and telephone costs were also allowed, while short deduction of TDS did not attract section 40(a)(ia). Section 14A disallowance was sustained on a reasonable estimate.
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