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...
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The CESTAT held that the expression 'liable to penalty' u/s 114AA of the Customs Act, 1962 means that a person who knowingly makes a false declaration may be penalised, but it does not mandate imposition of penalty. The adjudicating authority has discretion to judicially decide whether to impose penalty or not. Even if the case is decided against the appellant's firm for misdeclaration of machinery's year of manufacture to obtain EPCG license, the appellant cannot be penalised u/s 114AA as the alleged misdeclaration was not in any proceeding under the Customs Act but under the Foreign Trade Policy. Therefore, the appeal against the penalty imposed on the appellant u/s 114AA was allowed.
The CESTAT held that the expression 'liable to penalty' u/s 114AA of the Customs Act, 1962 means that a person who knowingly makes a false declaration may be penalised, but it does not mandate imposition of penalty. The adjudicating authority has discretion to judicially decide whether to impose penalty or not. Even if the case is decided against the appellant's firm for misdeclaration of machinery's year of manufacture to obtain EPCG license, the appellant cannot be penalised u/s 114AA as the alleged misdeclaration was not in any proceeding under the Customs Act but under the Foreign Trade Policy. Therefore, the appeal against the penalty imposed on the appellant u/s 114AA was allowed.
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