Jurisdictional facts in certificate-of-origin discrepancies can support customs show-cause proceedings, leaving factual explanations for departmental ...
Market value for captive electricity consumption follows industrial consumer tariffs, supporting profit computation for the power generation deduction...
CESTAT held that officers of DRI, including the Additional Director, are "proper officers" under s.28 of the Customs Act and thus competent to issue SCN, in line with the binding LB decision of the SC. However, on merits, CESTAT found that Appellant No. 1 had purchased the Mercedes car bona fide and Appellant No. 2 had only facilitated the purchase, without any collusion in mis-declaration, undervaluation, or violation of customs provisions. As they were not the importers and did not seek redemption under s.125, no duty demand or penal consequence could be fastened upon them. Consequently, the confiscation and penalties were set aside and the appeals were allowed in full.
CESTAT held that officers of DRI, including the Additional Director, are "proper officers" under s.28 of the Customs Act and thus competent to issue SCN, in line with the binding LB decision of the SC. However, on merits, CESTAT found that Appellant No. 1 had purchased the Mercedes car bona fide and Appellant No. 2 had only facilitated the purchase, without any collusion in mis-declaration, undervaluation, or violation of customs provisions. As they were not the importers and did not seek redemption under s.125, no duty demand or penal consequence could be fastened upon them. Consequently, the confiscation and penalties were set aside and the appeals were allowed in full.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4805
Join Channel
TaxTMI 
