Concessional penalty for search-disclosed unreconciled jewellery applies where substantive disclosure conditions are met despite omission from origina...
The Tribunal's order exonerating assessees from customs duty and penalty for undervaluation during import displayed inconsistency. It selectively relied on statements of Rakesh Magoo and John Miranda without holistic consideration. The Tribunal must re-evaluate all facts and evidence to reach a reasoned conclusion as the final fact-finding authority. The clearing agency's penalty was upheld. The matter concerning Rakesh Magoo and John Miranda was remanded to the Tribunal for fresh adjudication per law. Appeals by revenue and assessees were allowed.
The Tribunal's order exonerating assessees from customs duty and penalty for undervaluation during import displayed inconsistency. It selectively relied on statements of Rakesh Magoo and John Miranda without holistic consideration. The Tribunal must re-evaluate all facts and evidence to reach a reasoned conclusion as the final fact-finding authority. The clearing agency's penalty was upheld. The matter concerning Rakesh Magoo and John Miranda was remanded to the Tribunal for fresh adjudication per law. Appeals by revenue and assessees were allowed.
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