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Corporate guarantee valuation permits actual ascertainable commission while barring retroactive application and extended-period penalties for bona fid...
Proper-officer jurisdiction under UPGST penalty provisions upheld; participation on merits prevents bypassing the statutory appellate remedy through w...
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Pure-agent exclusion fails where hotel booking facilitators receive third-party services themselves, making entire customer consideration taxable as r...
A deliberate export fraud was proved where Ketamine was shipped under the guise of Alpha Olefin Sulphonate through fabricated documents, misuse of IEC details and coordinated use of freight forwarders, CHA and a bank account. The Tribunal accepted the foreign seizure report, transmitted through the Indian Consulate, as carrying evidentiary value and relied on corroborated witness statements, the appellant's own inculpatory statement and surrounding circumstances to hold that smuggling can be established by circumstantial evidence where direct proof is scarce. Penalty under Customs law was therefore sustained, but reduced to Rs. 5 lakh. Redemption fine was set aside because the goods had already been exported, were not available for confiscation and had not been cleared on bond.
A deliberate export fraud was proved where Ketamine was shipped under the guise of Alpha Olefin Sulphonate through fabricated documents, misuse of IEC details and coordinated use of freight forwarders, CHA and a bank account. The Tribunal accepted the foreign seizure report, transmitted through the Indian Consulate, as carrying evidentiary value and relied on corroborated witness statements, the appellant's own inculpatory statement and surrounding circumstances to hold that smuggling can be established by circumstantial evidence where direct proof is scarce. Penalty under Customs law was therefore sustained, but reduced to Rs. 5 lakh. Redemption fine was set aside because the goods had already been exported, were not available for confiscation and had not been cleared on bond.
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