Retrospective application of beneficial circulars upheld, binding officers and granting post adjudication relief where adjudication occurred after cir...
Admissibility of Investigation Statements requires witness examination before the adjudicating authority; otherwise statements cannot sustain a penalt...
Transaction value and connected person treatment in excise valuation: proprietary concerns not inter connected undertakings, relief on valuation and c...
Appointment of Registrars as adjudicating officers under Companies Act reallocates territorial jurisdiction and sets appeal route to Regional Director...
Composite supply of drilling services and site specific chemicals characterised as composite supply; prior advance rulings set aside, tax rate left op...
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Declared transaction value for imported second-hand machinery was held to remain acceptable where the load port Chartered Engineer's certificate supported the valuation and no relationship, extra remittance, or other circumstance displacing transaction value was shown. The customs authorities had merely substituted a local Chartered Engineer's certificate, based on unspecified market enquiries and without disclosed technical basis or testing, for contemporaneous import evidence. The Tribunal held that, in the absence of a speaking order and without challenging the genuineness of the load port certificate, rejection of the declared value and enhancement of value were untenable. The appellate order was set aside and assessment under Section 14 was directed on the declared value.
Declared transaction value for imported second-hand machinery was held to remain acceptable where the load port Chartered Engineer's certificate supported the valuation and no relationship, extra remittance, or other circumstance displacing transaction value was shown. The customs authorities had merely substituted a local Chartered Engineer's certificate, based on unspecified market enquiries and without disclosed technical basis or testing, for contemporaneous import evidence. The Tribunal held that, in the absence of a speaking order and without challenging the genuineness of the load port certificate, rejection of the declared value and enhancement of value were untenable. The appellate order was set aside and assessment under Section 14 was directed on the declared value.
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