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...
Pharmaceutical promotion and transfer-pricing comparability principles limited disallowances, while uncorroborated search allegations and unsupported ...
Business expenditure substantiation supports scrap credits, statutory payments and expense claims, while depreciation requires proof of actual busines...
The case pertains to the alleged misdeclaration of value of zinc ash, a restricted item under the Foreign Trade Policy, requiring an import license. The goods were classified as hazardous waste and subject to re-export u/r 17(2) of the Hazardous Waste Rules, 2008. The authorities imposed a fine u/s 125 of the Customs Act, 1962, in lieu of confiscation u/ss 111(d) and 111(m), and a penalty u/s 112. The Tribunal held that invoking Section 111(m) for enhanced value due to non-compliance with the Customs Valuation Rules was not justified. The misdescription did not warrant Section 111(m) as the goods had not cleared for home consumption, and no conspiracy was established. Re-export was ordered under the Hazardous Waste Rules, not as an alternative clearance option under the Customs Act. Citing a precedent, the Tribunal stated that importers have a statutory right to re-export prohibited goods, which cannot be overlooked by authorities. The issue of undervaluation arises after determining the goods' prohibited status. Consequently, the redemption fine u/s 125 and penalty u/s 112 were set aside, and the appeal was allowed.
The case pertains to the alleged misdeclaration of value of zinc ash, a restricted item under the Foreign Trade Policy, requiring an import license. The goods were classified as hazardous waste and subject to re-export u/r 17(2) of the Hazardous Waste Rules, 2008. The authorities imposed a fine u/s 125 of the Customs Act, 1962, in lieu of confiscation u/ss 111(d) and 111(m), and a penalty u/s 112. The Tribunal held that invoking Section 111(m) for enhanced value due to non-compliance with the Customs Valuation Rules was not justified. The misdescription did not warrant Section 111(m) as the goods had not cleared for home consumption, and no conspiracy was established. Re-export was ordered under the Hazardous Waste Rules, not as an alternative clearance option under the Customs Act. Citing a precedent, the Tribunal stated that importers have a statutory right to re-export prohibited goods, which cannot be overlooked by authorities. The issue of undervaluation arises after determining the goods' prohibited status. Consequently, the redemption fine u/s 125 and penalty u/s 112 were set aside, and the appeal was allowed.
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