PMLA anticipatory bail requires satisfaction of twin conditions, while predicate-offence protection does not extend to independent money-laundering pr...
School-affiliation charges remain taxable where not directly connected with examinations, while extended limitation requires proof of deliberate tax e...
Concessional penalty for search-disclosed unreconciled jewellery applies where substantive disclosure conditions are met despite omission from origina...
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CESTAT allowed the appeal, set aside the impugned order and discharged the importer-appellant and the individual accused of liability. The Tribunal held Revenue failed to discharge its burden of proof on the preponderance of probabilities: electronic documents were inadmissible, the contested valuation methodology lacked legal foundation, and the Country of Origin (COO) certificates were not successfully impugned or shown to relate to different shipments. Revenue also did not pursue corroborative investigation with foreign authorities regarding alleged fake COO certificates. Consequently, findings of anti-dumping evasion and attendant penalties could not be sustained, confiscation was inapplicable, and penalty imposition was overturned.
CESTAT allowed the appeal, set aside the impugned order and discharged the importer-appellant and the individual accused of liability. The Tribunal held Revenue failed to discharge its burden of proof on the preponderance of probabilities: electronic documents were inadmissible, the contested valuation methodology lacked legal foundation, and the Country of Origin (COO) certificates were not successfully impugned or shown to relate to different shipments. Revenue also did not pursue corroborative investigation with foreign authorities regarding alleged fake COO certificates. Consequently, findings of anti-dumping evasion and attendant penalties could not be sustained, confiscation was inapplicable, and penalty imposition was overturned.
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