Independent show-cause notices remain separate proceedings, while customs adjudication challenges should ordinarily follow the statutory appellate rem...
Institutional incapacity in customs settlement proceedings excludes non-functional quorum periods from statutory disposal timelines, preventing automa...
Interactive touchscreen panels with integrated computing functions fall under automatic data-processing machines rather than display monitors for cust...
Ex parte injunction service requirements were substantially met, while civil recovery and SFIO investigation into provident fund defalcation continued...
Enforcement of resolution-plan directions continues without a Supreme Court stay, preventing suspension of redistribution and escrowed-fund distributi...
Third-party ownership claims over attached property require Special Court adjudication where purchasers lack registered sale deeds and bona fides rema...
Pure-agent reimbursements in clearing and forwarding services are excluded from taxable value when qualifying third-party payments are properly record...
The Appellate Tribunal addressed the issue of penalty imposition u/s 112(a) of Customs Act, 1962 due to failure to allow cross-examination of panchas and experts, violating natural justice principles. The tribunal found that the order was passed without the mandated cross-examination opportunity, despite claims otherwise. As a result, the appellant was denied a fair personal hearing, leading to the order being set aside for Shri Subhash Chaudhary, with the matter remanded for a new adjudication by the Commissioner.
The Appellate Tribunal addressed the issue of penalty imposition u/s 112(a) of Customs Act, 1962 due to failure to allow cross-examination of panchas and experts, violating natural justice principles. The tribunal found that the order was passed without the mandated cross-examination opportunity, despite claims otherwise. As a result, the appellant was denied a fair personal hearing, leading to the order being set aside for Shri Subhash Chaudhary, with the matter remanded for a new adjudication by the Commissioner.
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