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...
A draft assessment order cannot support a tax demand or penalty proceedings because a demand requires a final assessment determining the sum payable. Where an order's heading, operative language, proposed disallowance, objection mechanism and express non-issuance of demand consistently identify it as a draft, it cannot be treated as final merely as an uploading error. The statutory curative provision does not validate this substantive defect, particularly where no corrective or final assessment order follows. Draft-assessment procedure is also unavailable where no variation in international transactions is proposed, leaving no competence to issue a draft order. The draft order and consequential demand and penalty notices were set aside.
A draft assessment order cannot support a tax demand or penalty proceedings because a demand requires a final assessment determining the sum payable. Where an order's heading, operative language, proposed disallowance, objection mechanism and express non-issuance of demand consistently identify it as a draft, it cannot be treated as final merely as an uploading error. The statutory curative provision does not validate this substantive defect, particularly where no corrective or final assessment order follows. Draft-assessment procedure is also unavailable where no variation in international transactions is proposed, leaving no competence to issue a draft order. The draft order and consequential demand and penalty notices were set aside.
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