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 allowed the appeal, set aside the impugned SJ judgment and reinstated the Provisional Attachment Order (PAO) and consequential proceedings. The court held the writ challenge under Art.226 was not maintainable as Whirlpool parameters were not attracted; no breach of natural justice occurred and the PAO is provisional pending adjudication. The HC confirmed a sufficient nexus between the scheduled predicate offence (fraud/misrepresentation) and the attached proceeds, endorsing the Directorate's tracing of enhanced value as proceeds of crime under s.3 PMLA. Compliance with s.66(2) PMLA was held not to be a condition precedent to issuance of a s.5 PAO.
The HC allowed the appeal, set aside the impugned SJ judgment and reinstated the Provisional Attachment Order (PAO) and consequential proceedings. The court held the writ challenge under Art.226 was not maintainable as Whirlpool parameters were not attracted; no breach of natural justice occurred and the PAO is provisional pending adjudication. The HC confirmed a sufficient nexus between the scheduled predicate offence (fraud/misrepresentation) and the attached proceeds, endorsing the Directorate's tracing of enhanced value as proceeds of crime under s.3 PMLA. Compliance with s.66(2) PMLA was held not to be a condition precedent to issuance of a s.5 PAO.
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