Prior Sanction Requirement: absence of prescribed approval invalidates reassessment notice; limitation also bars notice if escaped income below thresh...
Eligibility for exemption depends on strict construction of the product description; reapers without binder are ineligible, but confiscation and penal...
Customs jurisdiction defined for Principal Commissioner, Vishakhapatnam, covering specified ports, districts and India's adjacent EEZ; effective on pu...
Transaction value in customs valuation was upheld because the Department failed to prove undervaluation with cogent, admissible and corroborated evidence. Parallel invoices were unauthenticated, overseas verification was untested by cross-examination, insurance values and e-mails were unreliable, and retracted statements lacked independent corroboration; the declared price could not therefore be rejected. As the re-determination of assessable value collapsed, the differential duty demand, confiscation and importer's penalty also failed, and no independent evidence supported the abettor's penalty. The extended period of limitation was likewise unsustainable because suppression or wilful misstatement was not proved, rendering the demand time-barred.
Transaction value in customs valuation was upheld because the Department failed to prove undervaluation with cogent, admissible and corroborated evidence. Parallel invoices were unauthenticated, overseas verification was untested by cross-examination, insurance values and e-mails were unreliable, and retracted statements lacked independent corroboration; the declared price could not therefore be rejected. As the re-determination of assessable value collapsed, the differential duty demand, confiscation and importer's penalty also failed, and no independent evidence supported the abettor's penalty. The extended period of limitation was likewise unsustainable because suppression or wilful misstatement was not proved, rendering the demand time-barred.
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