Enforcement of resolution-plan directions continues without a Supreme Court stay, preventing suspension of redistribution and escrowed-fund distributi...
Third-party ownership claims over attached property require Special Court adjudication where purchasers lack registered sale deeds and bona fides rema...
Pure-agent reimbursements in clearing and forwarding services are excluded from taxable value when qualifying third-party payments are properly record...
Customs relief for Strait of Hormuz maritime disruptions remains available, with existing conditions continuing unchanged through the extended validit...
The Customs, Excise and Service Tax Appellate Tribunal (CESTAT) allowed the appeals by remanding the matter back to the original authority. The Tribunal held that the assessing officer's insistence on the importer conforming to the classification proposed by the investigating agency was inappropriate and contrary to the self-assessment procedure u/ss 17, 36, and 48 of the Customs Act, 1962. The Tribunal observed that enforced conformity was evident from the immediate challenge to the assessment by the importer. The Tribunal found the lack of a 'speaking order' as required u/s 17(5) of the Act vitiated the impugned orders with illegality. Consequently, the Tribunal set aside the orders and remanded the bills of entry to the original authority for compliance with the statutory procedure, particularly Section 17(5).
The Customs, Excise and Service Tax Appellate Tribunal (CESTAT) allowed the appeals by remanding the matter back to the original authority. The Tribunal held that the assessing officer's insistence on the importer conforming to the classification proposed by the investigating agency was inappropriate and contrary to the self-assessment procedure u/ss 17, 36, and 48 of the Customs Act, 1962. The Tribunal observed that enforced conformity was evident from the immediate challenge to the assessment by the importer. The Tribunal found the lack of a 'speaking order' as required u/s 17(5) of the Act vitiated the impugned orders with illegality. Consequently, the Tribunal set aside the orders and remanded the bills of entry to the original authority for compliance with the statutory procedure, particularly Section 17(5).
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