https://www.taxtmi.com/caselaws?id=263649 The tribunal ruled in favor of Oracle India Pvt. Ltd. (OIPL) regarding the inclusion of license fees in the assessable value of imported media packs for commercial shipments where the fee was a condition of sale. It held that electronically downloaded software is not subject to customs duty due to the lack of a mechanism under the Customs Act. The tribunal rejected the inclusion of notional license fees in non-commercial transactions and found the extended period of limitation not applicable. It also determined that confiscation and penalties were not justified in OIPL's case due to a bona fide interpretational issue. en-us Wed, 29 Jul 2015 00:00:00 +0530 Tue, 16 Feb 2016 18:56:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=263649 The tribunal ruled in favor of Oracle India Pvt. Ltd. (OIPL) regarding the inclusion of license fees in the assessable value of imported media packs for commercial shipments where the fee was a condition of sale. It held that electronically downloaded software is not subject to customs duty due to the lack of a mechanism under the Customs Act. The tribunal rejected the inclusion of notional license fees in non-commercial transactions and found the extended period of limitation not applicable. It also determined that confiscation and penalties were not justified in OIPL's case due to a bona fide interpretational issue. Case-Laws Customs Wed, 29 Jul 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=263649