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...
The HC held that the respondents improperly sought a 5% compounding charge because such higher rate is chargeable only where an earlier offence has been lawfully compounded and the conditions of that compounding order have been complied with; where the first compounding application was rejected, no compounding order arose and 5% could not be claimed on the subsequent application. The petitioner's contention that the higher rate was inapplicable was accepted, the impugned letter dated 08.02.2019 was set aside, and the respondents were directed to proceed in accordance with law in relation to the pending compounding application and any attendant criminal proceedings.
The HC held that the respondents improperly sought a 5% compounding charge because such higher rate is chargeable only where an earlier offence has been lawfully compounded and the conditions of that compounding order have been complied with; where the first compounding application was rejected, no compounding order arose and 5% could not be claimed on the subsequent application. The petitioner's contention that the higher rate was inapplicable was accepted, the impugned letter dated 08.02.2019 was set aside, and the respondents were directed to proceed in accordance with law in relation to the pending compounding application and any attendant criminal proceedings.
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