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...
Tariff classification of vehicle gear components follows the specific gearing entry, displacing motor-vehicle parts classification and related liabili...
The High Court held that the revenue authorities committed grave illegality by not granting pre-decisional hearing to the appellants before blocking their Electronic Credit Ledger u/r 86A of CGST Rules, violating principles of natural justice. The Court observed that although Rule 86A doesn't expressly provide for pre-decisional hearing, it has to be read into the provision when serious civil consequences arise. The authorities passed orders solely based on communication from another officer without independently analyzing if Input Tax Credit was on account of fake invoices, which is impermissible. The orders lacked valid material constituting 'reasons to believe' and were passed on borrowed satisfaction, rendering them bald, vague, and unreasoned. Quashing the impugned orders, the Court allowed the appeals, holding that the mandatory requirements for invoking Rule 86A were not fulfilled by the revenue authorities.
The High Court held that the revenue authorities committed grave illegality by not granting pre-decisional hearing to the appellants before blocking their Electronic Credit Ledger u/r 86A of CGST Rules, violating principles of natural justice. The Court observed that although Rule 86A doesn't expressly provide for pre-decisional hearing, it has to be read into the provision when serious civil consequences arise. The authorities passed orders solely based on communication from another officer without independently analyzing if Input Tax Credit was on account of fake invoices, which is impermissible. The orders lacked valid material constituting 'reasons to believe' and were passed on borrowed satisfaction, rendering them bald, vague, and unreasoned. Quashing the impugned orders, the Court allowed the appeals, holding that the mandatory requirements for invoking Rule 86A were not fulfilled by the revenue authorities.
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