Fair-rent assessment requires consideration of lease terms, valuation principles and prevailing market rent; the certificate was quashed for fresh rev...
Document Identification Number compliance is satisfied when electronically communicated orders are promptly authenticated through a correctly identifi...
Industrial shrimp-feed machinery classification follows its commercial function, placing integrated production plants under the specific industrial fo...
CESTAT held that the customs authorities could not deny the preferential rate of duty under N/N. 46/2011-Cus. solely on the basis of an FTA Cell letter alleging that the relevant Certificate of Origin was "inauthentic," without producing the underlying verification report. In absence of this primary document, the conclusion of inauthenticity was treated as hearsay and legally unsustainable. Further, earlier imports under six separate Bills of Entry, supported by different Certificates of Origin, could not be discredited merely by association with the disputed certificate, especially when their assessments had attained finality and were never challenged. Consequently, CESTAT set aside the confirmed demands, and the appeals filed by M/s. X were allowed in entirety.
CESTAT held that the customs authorities could not deny the preferential rate of duty under N/N. 46/2011-Cus. solely on the basis of an FTA Cell letter alleging that the relevant Certificate of Origin was "inauthentic," without producing the underlying verification report. In absence of this primary document, the conclusion of inauthenticity was treated as hearsay and legally unsustainable. Further, earlier imports under six separate Bills of Entry, supported by different Certificates of Origin, could not be discredited merely by association with the disputed certificate, especially when their assessments had attained finality and were never challenged. Consequently, CESTAT set aside the confirmed demands, and the appeals filed by M/s. X were allowed in entirety.
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