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...
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Pre-conviction detention in GST prosecutions for alleged fraudulent input tax credit is not punitive and should secure attendance at trial rather than operate as punishment. The notes state that bail was granted where the maximum sentence was five years, the matter was triable by a Magistrate, investigation and complaint filing were complete, charges remained unframed, and trial completion was unlikely within a reasonable time. In the absence of criminal antecedents, exceptional circumstances, or material suggesting absconding, witness intimidation, or evidence tampering, continued custody was unjustified. Bail remained subject to conditions protecting the trial and preventing interference with evidence or witnesses.
Pre-conviction detention in GST prosecutions for alleged fraudulent input tax credit is not punitive and should secure attendance at trial rather than operate as punishment. The notes state that bail was granted where the maximum sentence was five years, the matter was triable by a Magistrate, investigation and complaint filing were complete, charges remained unframed, and trial completion was unlikely within a reasonable time. In the absence of criminal antecedents, exceptional circumstances, or material suggesting absconding, witness intimidation, or evidence tampering, continued custody was unjustified. Bail remained subject to conditions protecting the trial and preventing interference with evidence or witnesses.
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