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...
Necessary-party requirements limit impleadment of independent entities, while deferred consideration does not create an appealable adverse determinati...
Food supplement classification requires common parlance and authoritative tests, preventing treatment as proprietary Ayurvedic medicines without suppo...
Specified regulatory authority income receives conditional tax exemption, subject to non-commercial activity, unchanged income character, and return f...
Tax exemption for regulatory authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and return-filing...
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HC held that both appellants must be given opportunity to cross-examine witness Mr. B under Section 138(B) of Customs Act, addressing discriminatory treatment by CESTAT which upheld penalties against one appellant while adopting opposite approach for similarly situated co-appellant. While cross-examination is not an unfettered right in all customs proceedings, principles of natural justice require it when witness statements form basis of penalties under Sections 112 and 114A. Court directed single-day cross-examination with possibility of one extension, after which authority shall adjudicate matter per law. Court emphasized that information from statutory authorities doesn't automatically warrant cross-examination but circumstances of this case necessitated equal treatment of both appellants regarding examination rights.
HC held that both appellants must be given opportunity to cross-examine witness Mr. B under Section 138(B) of Customs Act, addressing discriminatory treatment by CESTAT which upheld penalties against one appellant while adopting opposite approach for similarly situated co-appellant. While cross-examination is not an unfettered right in all customs proceedings, principles of natural justice require it when witness statements form basis of penalties under Sections 112 and 114A. Court directed single-day cross-examination with possibility of one extension, after which authority shall adjudicate matter per law. Court emphasized that information from statutory authorities doesn't automatically warrant cross-examination but circumstances of this case necessitated equal treatment of both appellants regarding examination rights.
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