Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Imported cement qualified for concessional CVD under Clause 1C because the decisive test was whether it was intended for retail sale, not merely whether it was packed in 50 kg bags or bore a printed RSP. The department had no evidence of actual retail sale, and supply only to industrial and institutional consumers supported the benefit. Reassessment by substituting a contemporaneous RSP was rejected because no proper valuation exercise under customs law was shown and the dispute was not one of transaction value. The extended limitation also failed, as assessed Bills of Entry had been scrutinised by officers and no wilful suppression or misstatement was proved, so duty, interest and penalty could not stand.
Imported cement qualified for concessional CVD under Clause 1C because the decisive test was whether it was intended for retail sale, not merely whether it was packed in 50 kg bags or bore a printed RSP. The department had no evidence of actual retail sale, and supply only to industrial and institutional consumers supported the benefit. Reassessment by substituting a contemporaneous RSP was rejected because no proper valuation exercise under customs law was shown and the dispute was not one of transaction value. The extended limitation also failed, as assessed Bills of Entry had been scrutinised by officers and no wilful suppression or misstatement was proved, so duty, interest and penalty could not stand.
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