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...
Necessary-party requirements limit impleadment of independent entities, while deferred consideration does not create an appealable adverse determinati...
Food supplement classification requires common parlance and authoritative tests, preventing treatment as proprietary Ayurvedic medicines without suppo...
Forfeiture of earnest money in an e-auction required fresh consideration under Section 74 of the Indian Contract Act because the statutory requirements governing contractual forfeiture, including the necessity and quantum of loss, had not been raised or examined. The applicable e-auction terms also required determination of whether the forfeitable amount was 25% or 10% of the successful bid. The High Court set aside the rejection of the refund claim and remitted that issue to the Company Judge after completion of pleadings, leaving the merits of forfeiture open.
Forfeiture of earnest money in an e-auction required fresh consideration under Section 74 of the Indian Contract Act because the statutory requirements governing contractual forfeiture, including the necessity and quantum of loss, had not been raised or examined. The applicable e-auction terms also required determination of whether the forfeitable amount was 25% or 10% of the successful bid. The High Court set aside the rejection of the refund claim and remitted that issue to the Company Judge after completion of pleadings, leaving the merits of forfeiture open.
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