Export obligation removed by notification, customs duty demand invalidated; penalties under s.112 and s.114AA quashed due to inadmissible s.108 statem...
Customs officers must wear and use department-issued body-worn cameras when clearing passenger baggage, with daily secure transfer and 30-day retentio...
The HC held that under s.67(1) only the Joint Commissioner may form the requisite reasons to believe and may authorise in writing another officer; no officer below the rank of Joint Commissioner can, of their own accord, inspect a taxable person's premises. Where the Joint Commissioner issues a written authorisation, the authorised officer may conduct inspection and confiscate goods or documents under s.67(2). The authorised officer must inform the taxable person that an authorisation has been received, though there is no obligation to furnish a copy of the Joint Commissioner's order or disclose its contents; the inspecting delegate must, however, provide details of the authorisation when exercising inspection/confiscation powers. The impugned actions were upheld and the petition dismissed.
The HC held that under s.67(1) only the Joint Commissioner may form the requisite reasons to believe and may authorise in writing another officer; no officer below the rank of Joint Commissioner can, of their own accord, inspect a taxable person's premises. Where the Joint Commissioner issues a written authorisation, the authorised officer may conduct inspection and confiscate goods or documents under s.67(2). The authorised officer must inform the taxable person that an authorisation has been received, though there is no obligation to furnish a copy of the Joint Commissioner's order or disclose its contents; the inspecting delegate must, however, provide details of the authorisation when exercising inspection/confiscation powers. The impugned actions were upheld and the petition dismissed.
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