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 SC dismissed the appeals and disposed of the proceedings in accordance with the Board circular, remitting the matter for recalculation of penalty and refund insofar as a penalty was levied on the entire consignment. The Court held that the impugned order did not fall within the specific category under Clause (iv) of Paragraph 4 of the Circular because the directive concerned recomputation of penalty for a discrete transaction and did not directly require refund or construction of statutory provisions nor did it raise a recurring question of law. Consequently, the appeals were declined and the matter was remanded for reassessment and appropriate refund consistent with the Circular.
The SC dismissed the appeals and disposed of the proceedings in accordance with the Board circular, remitting the matter for recalculation of penalty and refund insofar as a penalty was levied on the entire consignment. The Court held that the impugned order did not fall within the specific category under Clause (iv) of Paragraph 4 of the Circular because the directive concerned recomputation of penalty for a discrete transaction and did not directly require refund or construction of statutory provisions nor did it raise a recurring question of law. Consequently, the appeals were declined and the matter was remanded for reassessment and appropriate refund consistent with the Circular.
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