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...
Amounts paid for technical know-how, engineering and post-importation assistance are includible in assessable value only if they are shown to be a condition of sale of the imported goods. The contract here separately allocated obligations and consideration between technical services and supply of key equipment, with separate invoices and no contractual nexus proving that the services were a precondition for purchase of the imported machinery. The Tribunal therefore held that the separately contracted licence, engineering and technical assistance charges were not part of the transaction value of the imported plant and equipment, and could not be added to assessable value.
Amounts paid for technical know-how, engineering and post-importation assistance are includible in assessable value only if they are shown to be a condition of sale of the imported goods. The contract here separately allocated obligations and consideration between technical services and supply of key equipment, with separate invoices and no contractual nexus proving that the services were a precondition for purchase of the imported machinery. The Tribunal therefore held that the separately contracted licence, engineering and technical assistance charges were not part of the transaction value of the imported plant and equipment, and could not be added to assessable value.
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