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...
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CESTAT held that Central Excise officers possess jurisdiction to issue show cause notices for recovery of customs duty from EOUs under their administrative control, affirming the validity of notifications and circulars delegating such authority. However, the department failed to substantiate the clandestine removal allegations with credible evidence or proper documentation, rendering duty demands unsustainable. Procedural lapses, such as expired warehousing licenses during stock transfers between EOUs, were deemed insufficient to justify duty recovery. Consequently, demands and penalties related to shortages and clearances were set aside. The tribunal remanded issues concerning duty on deemed exports to certain parties for fresh adjudication. The appeal was allowed in part, quashing most demands while directing reconsideration of specific deemed export claims.
CESTAT held that Central Excise officers possess jurisdiction to issue show cause notices for recovery of customs duty from EOUs under their administrative control, affirming the validity of notifications and circulars delegating such authority. However, the department failed to substantiate the clandestine removal allegations with credible evidence or proper documentation, rendering duty demands unsustainable. Procedural lapses, such as expired warehousing licenses during stock transfers between EOUs, were deemed insufficient to justify duty recovery. Consequently, demands and penalties related to shortages and clearances were set aside. The tribunal remanded issues concerning duty on deemed exports to certain parties for fresh adjudication. The appeal was allowed in part, quashing most demands while directing reconsideration of specific deemed export claims.
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