Authentication of paper assessment orders upheld, while qualifying repairs, consumables and vendor advance write-offs remain deductible business claim...
Transaction value cannot be rejected solely on non-statutory valuation guidelines without corroborative evidence supporting reassessment of final cust...
Cross-examination rights and corroborated evidence limit customs penalties for misdeclaration in genuine import transactions involving documented clea...
Tariff classification of vehicle gear components follows the specific gearing entry, displacing motor-vehicle parts classification and related liabili...
Extended limitation under Section 74 was treated as justified where the petitioner failed to fully respond to the written requisition, the DRC-01A intimation and the DRC-01 notices, which was treated as suppression of facts. The text further notes that, when the department proceeds on the petitioner's own records and detects non-payment, short payment, erroneous refund or wrongful ITC, Section 74 can be sustained. For two assessment years, the proceedings were said to be within limitation in any event, and even a mistaken Section 74 invocation could be recast under Section 73 through Section 75(2) if a proper reply is filed. Ex parte orders were remitted de novo on conditional compliance.
Extended limitation under Section 74 was treated as justified where the petitioner failed to fully respond to the written requisition, the DRC-01A intimation and the DRC-01 notices, which was treated as suppression of facts. The text further notes that, when the department proceeds on the petitioner's own records and detects non-payment, short payment, erroneous refund or wrongful ITC, Section 74 can be sustained. For two assessment years, the proceedings were said to be within limitation in any event, and even a mistaken Section 74 invocation could be recast under Section 73 through Section 75(2) if a proper reply is filed. Ex parte orders were remitted de novo on conditional compliance.
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