Condonation of Delay: directoral disputes and pending company proceedings can constitute reasonable cause, allowing a belated return to be treated as ...
Revisionary jurisdiction under section 263 upheld; faceless assessments subject to revision when AO fails requisite enquiries, remitted for fresh asse...
Limited scope of processing under section 143(1): enhancement without show cause is unsustainable; remand for residency, taxation and TDS verification...
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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