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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Levy of penalty @200% - e-way bill which was generated by the appellant had expired and at the time when the vehicle was intercepted four days had lapsed - The High Court acknowledged that penalties should not be imposed without considering mens rea. While the statute allows for a penalty of 200%, it does not absolve authorities from considering circumstances and intentions. Despite the expiration of the e-way bill, the Court found that the appellant's failure to extend the validity was a crucial factor. However, it noted that the penalty was calculated on a higher value than the invoice, indicating arbitrariness on the part of the authorities. Ultimately, the Court partially allowed the appeal, imposing a reduced penalty but refrained from completely exonerating the appellant.
Levy of penalty @200% - e-way bill which was generated by the appellant had expired and at the time when the vehicle was intercepted four days had lapsed - The High Court acknowledged that penalties should not be imposed without considering mens rea. While the statute allows for a penalty of 200%, it does not absolve authorities from considering circumstances and intentions. Despite the expiration of the e-way bill, the Court found that the appellant's failure to extend the validity was a crucial factor. However, it noted that the penalty was calculated on a higher value than the invoice, indicating arbitrariness on the part of the authorities. Ultimately, the Court partially allowed the appeal, imposing a reduced penalty but refrained from completely exonerating the appellant.
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