Withdrawal of obsolete FEMA circulars streamlines rules on external commercial borrowings, non-resident bond investments, and money transfer sub-agent...
Departmental appeal limitation after call-book recall preserves original filing, while documented correlation supports SAD refund on imported granules...
Income-tax prosecution fails when appellate remand removes its factual foundation; directors require company arraignment for vicarious criminal liabil...
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Customs bears the burden of proving a proposed reclassification where it seeks to displace an importer's self-assessed tariff classification. Detailed specialised laboratory testing identifying the goods as Naphtha or Light Naphtha was treated as more probative than departmental reports lacking vital comparative tests under the most akin test. Natural Gasoline Liquid falls within the generic description of Naphtha; therefore, the declared classification of imported Full Range Naphtha could not be displaced. WhatsApp chats and other mobile-phone material require the prescribed electronic-evidence certificate and reliable proof of statutory compliance. Unexamined statements, unavailable for cross-examination, and uncorroborated electronic material could not establish alleged origin or import-description misdeclaration.
Customs bears the burden of proving a proposed reclassification where it seeks to displace an importer's self-assessed tariff classification. Detailed specialised laboratory testing identifying the goods as Naphtha or Light Naphtha was treated as more probative than departmental reports lacking vital comparative tests under the most akin test. Natural Gasoline Liquid falls within the generic description of Naphtha; therefore, the declared classification of imported Full Range Naphtha could not be displaced. WhatsApp chats and other mobile-phone material require the prescribed electronic-evidence certificate and reliable proof of statutory compliance. Unexamined statements, unavailable for cross-examination, and uncorroborated electronic material could not establish alleged origin or import-description misdeclaration.
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