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    <title>2006 (8) TMI 180 - Supreme Court</title>
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    <description>Advertisement and sales promotion expenses incurred by the buyer were discussed as includible in assessable value only where there was an enforceable arrangement or tacit understanding shifting those costs to the buyer; absent such material, principal-to-principal transactions and legitimate business considerations support exclusion. The text also notes that no special relationship or suppressed facts were established on the record, so the extended limitation period was not justified. On the same basis, the penalty under Rule 173Q(1) was set aside, and the rectification application succeeded because the appellate tribunal had overlooked relevant precedents and evidence. The impugned orders were therefore set aside.</description>
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    <pubDate>Mon, 14 Aug 2006 00:00:00 +0530</pubDate>
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      <title>2006 (8) TMI 180 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=47702</link>
      <description>Advertisement and sales promotion expenses incurred by the buyer were discussed as includible in assessable value only where there was an enforceable arrangement or tacit understanding shifting those costs to the buyer; absent such material, principal-to-principal transactions and legitimate business considerations support exclusion. The text also notes that no special relationship or suppressed facts were established on the record, so the extended limitation period was not justified. On the same basis, the penalty under Rule 173Q(1) was set aside, and the rectification application succeeded because the appellate tribunal had overlooked relevant precedents and evidence. The impugned orders were therefore set aside.</description>
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