Customs Broker due diligence requires prescribed KYC, not detecting misdeclarations discoverable only through physical examination, defeating licence ...
E-filing system failure permits exclusion of affected time in insolvency appeals, preventing tribunal technology defects from defeating timely filings...
Pre-existing disputes over outcome-based professional fees can bar Section 9 insolvency proceedings where contractual entitlement requires investigati...
Corresponding scheduled offences preserve money-laundering jurisdiction despite repeal of the central corruption provision where conduct remains cover...
Central Excise and Service Tax Appellate Tribunal (CESTAT) case involving valuation of imported goods - rejection of declared value - enhancement of value. The tribunal held that when the imported goods were numerous, only a few items were referenced without considering the importer's submissions. The grounds for value enhancement were not communicated to the importer, violating natural justice principles. The tribunal observed that the provisions of Rule 3(b) of the Customs Valuation Rules, 2007, regarding transaction value for imports by related persons, were not properly applied. The original authority failed to examine the values against identical or similar items imported by independent buyers from the same supplier or other contemporaneous imports. The lower appellate authority's order setting aside the original order without determining the appropriate values created a vacuum. The case was remanded to the original authority to reconsider the issue afresh, adhering to natural justice principles and examining all relevant factors within three months.
Central Excise and Service Tax Appellate Tribunal (CESTAT) case involving valuation of imported goods - rejection of declared value - enhancement of value. The tribunal held that when the imported goods were numerous, only a few items were referenced without considering the importer's submissions. The grounds for value enhancement were not communicated to the importer, violating natural justice principles. The tribunal observed that the provisions of Rule 3(b) of the Customs Valuation Rules, 2007, regarding transaction value for imports by related persons, were not properly applied. The original authority failed to examine the values against identical or similar items imported by independent buyers from the same supplier or other contemporaneous imports. The lower appellate authority's order setting aside the original order without determining the appropriate values created a vacuum. The case was remanded to the original authority to reconsider the issue afresh, adhering to natural justice principles and examining all relevant factors within three months.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4894 
