Authentication of paper assessment orders upheld, while qualifying repairs, consumables and vendor advance write-offs remain deductible business claim...
Transaction value cannot be rejected solely on non-statutory valuation guidelines without corroborative evidence supporting reassessment of final cust...
Cross-examination rights and corroborated evidence limit customs penalties for misdeclaration in genuine import transactions involving documented clea...
Tariff classification of vehicle gear components follows the specific gearing entry, displacing motor-vehicle parts classification and related liabili...
Necessary-party requirements limit impleadment of independent entities, while deferred consideration does not create an appealable adverse determinati...
A High Court held that an investigation-stage communication issued after the petitioner's representative indicated willingness to pay differential duty was not a statutory demand fastening customs liability, so the communication was quashed and the department was required to commence regular adjudication by issuing a show cause notice. The Court also held that payment made during investigation, whether under protest or otherwise, does not bar adjudication and may be appropriated only against the final liability determined in that process. Refund of the amount deposited during investigation was declined, and no further demand or recovery was permitted until adjudication was completed.
A High Court held that an investigation-stage communication issued after the petitioner's representative indicated willingness to pay differential duty was not a statutory demand fastening customs liability, so the communication was quashed and the department was required to commence regular adjudication by issuing a show cause notice. The Court also held that payment made during investigation, whether under protest or otherwise, does not bar adjudication and may be appropriated only against the final liability determined in that process. Refund of the amount deposited during investigation was declined, and no further demand or recovery was permitted until adjudication was completed.
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