Arrest safeguards and transit remand requirements invalidated detention following inter-State transfer without communicated grounds or magistrate auth...
Arrest safeguards require disclosed grounds, relative intimation and transit remand, while duplicate prosecution under the CGST framework is unsustain...
Document Identification Number defects can invalidate GST assessments, with delayed challenges entertained conditionally where patent irregularities e...
Windmill commissioning evidence supported higher depreciation where grid connection and electricity generation proved operational use before the relev...
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Business expenditure substantiation supports scrap credits, statutory payments and expense claims, while depreciation requires proof of actual busines...
Transaction value remains the primary customs valuation basis and cannot be rejected solely because the declared price appears low. Rule 12 requires reasonable doubt supported by evidence; NIDB data alone was insufficient where the Department did not establish undervaluation, additional consideration, flow-back, or comparability of alleged contemporaneous imports by quantity, commercial level, manufacturer, branding, quality or specifications. The article notes that invalid value enhancement defeats the consequential differential duty and interest demand. Where confiscation rests entirely on the failed undervaluation allegation and no independent misdeclaration is evidenced, confiscation, redemption fine and penalty are also unsustainable.
Transaction value remains the primary customs valuation basis and cannot be rejected solely because the declared price appears low. Rule 12 requires reasonable doubt supported by evidence; NIDB data alone was insufficient where the Department did not establish undervaluation, additional consideration, flow-back, or comparability of alleged contemporaneous imports by quantity, commercial level, manufacturer, branding, quality or specifications. The article notes that invalid value enhancement defeats the consequential differential duty and interest demand. Where confiscation rests entirely on the failed undervaluation allegation and no independent misdeclaration is evidenced, confiscation, redemption fine and penalty are also unsustainable.
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