Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Service...
Tax exemption for specified legal-services authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and...
The case involves a dispute regarding valuation for import assessment. The appellant challenges the rejection of declared value in favor of depreciated value in the Valuation Certificate issued by a Customs Examiner (CE). The court refers to ANVAR P.V. case, emphasizing the requirement of a written certificate under CA 1962 for admissibility of electronic evidence. It clarifies the binding legal position on admissibility of electronic evidence. Section 138C of CA 1962 allows admissibility of computer print-outs subject to conditions, with lack of certificate being fatal to the case. The appellant imported secondhand machines, with valuation based on Circular not challenged. The court sets aside the order, stating no justification for rejecting CE's Certificate, and rules out duty demand or penalties due to lack of merit. - CESTAT
The case involves a dispute regarding valuation for import assessment. The appellant challenges the rejection of declared value in favor of depreciated value in the Valuation Certificate issued by a Customs Examiner (CE). The court refers to ANVAR P.V. case, emphasizing the requirement of a written certificate under CA 1962 for admissibility of electronic evidence. It clarifies the binding legal position on admissibility of electronic evidence. Section 138C of CA 1962 allows admissibility of computer print-outs subject to conditions, with lack of certificate being fatal to the case. The appellant imported secondhand machines, with valuation based on Circular not challenged. The court sets aside the order, stating no justification for rejecting CE's Certificate, and rules out duty demand or penalties due to lack of merit. - CESTAT
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