Condonation of delay permits statutory appeal restoration where inadequate service explanation prevented consideration of reassessment and taxable-inc...
Limitation in customs appeals permits exclusion for bona fide refund proceedings, enabling restoration of Bill of Entry assessment challenges on merit...
Warehousing permission requires deposit at the designated bonded warehouse; unauthorised diversion triggers confiscation, redemption fine and importer...
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The HC allowed the petition by setting aside the impugned orders dated 8 June 2018, 17 February 2019, and 4 November 2019, and remanded the matter to the AAR for fresh consideration. The court found a violation of natural justice principles as the Appellate Authority improperly considered the Chartered Engineer's and Customer's Certificates without affording the Respondents an opportunity to challenge the evidence through cross-examination or to present their own evidence. The evidence was first introduced at the appellate stage, depriving the Respondents of a fair chance to contest it. Due to these procedural irregularities and the untested nature of the evidence, the HC deemed it unsafe to rely on the Appellate Authority's decision and directed a rehearing in accordance with law and on merits.
The HC allowed the petition by setting aside the impugned orders dated 8 June 2018, 17 February 2019, and 4 November 2019, and remanded the matter to the AAR for fresh consideration. The court found a violation of natural justice principles as the Appellate Authority improperly considered the Chartered Engineer's and Customer's Certificates without affording the Respondents an opportunity to challenge the evidence through cross-examination or to present their own evidence. The evidence was first introduced at the appellate stage, depriving the Respondents of a fair chance to contest it. Due to these procedural irregularities and the untested nature of the evidence, the HC deemed it unsafe to rely on the Appellate Authority's decision and directed a rehearing in accordance with law and on merits.
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