Timing mismatch in income recognition requires verification whether receipts were already taxed in an earlier year; matter remitted for fresh examinat...
FOB transaction value and export incentives: customs valuation cannot override contractual export benefits or support confiscation without valid proof...
Confiscation of old and used multi-function devices was sustained only because they were restricted second-hand electronics and IT goods imported without required DGFT authorisation; the related redemption fine and importer penalty were reduced. The Tribunal rejected the other grounds of confiscation: the CRO, 2021 exemption for highly specialised equipment was found to rest on objective criteria and was wrongly denied; WPC approval could not be insisted on without affirmative proof of wireless capability; non-compliance with hazardous-waste import conditions was not proved in light of valid EPR authorisation and post-import inspection; and valuation re-determination alone did not establish wilful misdeclaration. Penalty on the Director under Section 114AA was set aside for lack of proof of knowing use of false documents.
Confiscation of old and used multi-function devices was sustained only because they were restricted second-hand electronics and IT goods imported without required DGFT authorisation; the related redemption fine and importer penalty were reduced. The Tribunal rejected the other grounds of confiscation: the CRO, 2021 exemption for highly specialised equipment was found to rest on objective criteria and was wrongly denied; WPC approval could not be insisted on without affirmative proof of wireless capability; non-compliance with hazardous-waste import conditions was not proved in light of valid EPR authorisation and post-import inspection; and valuation re-determination alone did not establish wilful misdeclaration. Penalty on the Director under Section 114AA was set aside for lack of proof of knowing use of false documents.
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