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...
Transaction value could not be rejected solely on the basis of statements recorded under section 108 of the Customs Act when the mandatory procedure under section 138B was not followed. The Tribunal held that such statements become evidentiary only after the maker is examined before the adjudicating authority, admissibility is considered, and the affected party is given cross-examination. As the Commissioner (Appeals) relied only on untested statements of the appellant, the high seas seller and other importers, no reliance could be placed on them and the impugned order was set aside.
Transaction value could not be rejected solely on the basis of statements recorded under section 108 of the Customs Act when the mandatory procedure under section 138B was not followed. The Tribunal held that such statements become evidentiary only after the maker is examined before the adjudicating authority, admissibility is considered, and the affected party is given cross-examination. As the Commissioner (Appeals) relied only on untested statements of the appellant, the high seas seller and other importers, no reliance could be placed on them and the impugned order was set aside.
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