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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Valuation of imported goods - inclusion of royalty in the invoice value - The Appellate Tribunal finds that the direction to modify the order and include royalty in the invoice value of imported goods lacks legal basis. The Tribunal observes that there was no notice issued under the Customs Act for recovery of duty based on the addition of royalty to the declared value. As such, the Tribunal concludes that the direction to modify the order is beyond the jurisdiction of the reviewing authority. The tribunal finds that the SVB is not empowered to assess duties or recovery subsequent to clearance for home consumption. - The Tribunal emphasizes the premature nature of the appeal before the first appellate authority and restores the appeal for proper disposal.
Valuation of imported goods - inclusion of royalty in the invoice value - The Appellate Tribunal finds that the direction to modify the order and include royalty in the invoice value of imported goods lacks legal basis. The Tribunal observes that there was no notice issued under the Customs Act for recovery of duty based on the addition of royalty to the declared value. As such, the Tribunal concludes that the direction to modify the order is beyond the jurisdiction of the reviewing authority. The tribunal finds that the SVB is not empowered to assess duties or recovery subsequent to clearance for home consumption. - The Tribunal emphasizes the premature nature of the appeal before the first appellate authority and restores the appeal for proper disposal.
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