Arrest safeguards and transit remand requirements invalidated detention following inter-State transfer without communicated grounds or magistrate auth...
Arrest safeguards require disclosed grounds, relative intimation and transit remand, while duplicate prosecution under the CGST framework is unsustain...
Document Identification Number defects can invalidate GST assessments, with delayed challenges entertained conditionally where patent irregularities e...
Windmill commissioning evidence supported higher depreciation where grid connection and electricity generation proved operational use before the relev...
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Business expenditure substantiation supports scrap credits, statutory payments and expense claims, while depreciation requires proof of actual busines...
CESTAT adjudicated a customs duty dispute involving export valuation. The tribunal found the Additional Commissioner's re-determination of FOB value unauthorized and without legal basis. The court invalidated confiscation proceedings under Section 113(i), redemption fine, and penalties under Sections 114 and 114AA. The appellant was not obligated to predict or pre-determine alternative valuation methodologies beyond declaring transaction value. The tribunal concluded that the department's allegations of intentional value misrepresentation were unfounded. Consequently, the appellate order was set aside, and the appeal was allowed, effectively reinstating the original declared export value and absolving the appellant of imposed penalties.
CESTAT adjudicated a customs duty dispute involving export valuation. The tribunal found the Additional Commissioner's re-determination of FOB value unauthorized and without legal basis. The court invalidated confiscation proceedings under Section 113(i), redemption fine, and penalties under Sections 114 and 114AA. The appellant was not obligated to predict or pre-determine alternative valuation methodologies beyond declaring transaction value. The tribunal concluded that the department's allegations of intentional value misrepresentation were unfounded. Consequently, the appellate order was set aside, and the appeal was allowed, effectively reinstating the original declared export value and absolving the appellant of imposed penalties.
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