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...
Burden of proof in a town seizure of gold was discharged by purchase register entries, purchase invoices, GST returns and job work challans showing lawful procurement and tax-paid stock. Because the gold bore no foreign-origin markings and the adjudicating authority had ignored this documentary evidence, the presumption of smuggling was rebutted. The allegation that the gold was foreign origin was therefore unsustainable, confiscation was not justified, and release of the seized gold was directed. As the penalties were only consequential to the confiscation, they too could not survive and were set aside.
Burden of proof in a town seizure of gold was discharged by purchase register entries, purchase invoices, GST returns and job work challans showing lawful procurement and tax-paid stock. Because the gold bore no foreign-origin markings and the adjudicating authority had ignored this documentary evidence, the presumption of smuggling was rebutted. The allegation that the gold was foreign origin was therefore unsustainable, confiscation was not justified, and release of the seized gold was directed. As the penalties were only consequential to the confiscation, they too could not survive and were set aside.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4824 
Join Channel 
