Search and seizure: abatement of earlier search bars use of prior seized material in later search-based assessments; relief limited to new documents f...
Admission of additional evidence under remand rules must await a meaningful remand report; failure to do so breaches natural justice and mandates rema...
Export Obligation Discharge Certificates for EPCG compliance cannot be questioned by Customs unless DGFT adjudicates and cancels them, so demands quas...
Alleged fraudulent diversion of export consignments to a non-notified destination to wrongfully claim Focus Market Scheme benefits could not be established because statements recorded under s.108 Customs Act were inadmissible without compliance with s.138B, including examination as witnesses and opportunity of cross-examination; consequently, those statements could not prove diversion and related manipulation. Confiscation under s.113(d),(g),(i) was held inapplicable since the goods had already been exported pursuant to Let Export Orders prior to initiation of investigation, and s.113 addresses attempts to export improperly; confiscation was therefore set aside. Penalties under s.114(iii) failed as no improper export attempt and no confiscation sustained, and s.114AA penalties also failed due to lack of admissible evidence; appeal allowed. - CESTAT
Alleged fraudulent diversion of export consignments to a non-notified destination to wrongfully claim Focus Market Scheme benefits could not be established because statements recorded under s.108 Customs Act were inadmissible without compliance with s.138B, including examination as witnesses and opportunity of cross-examination; consequently, those statements could not prove diversion and related manipulation. Confiscation under s.113(d),(g),(i) was held inapplicable since the goods had already been exported pursuant to Let Export Orders prior to initiation of investigation, and s.113 addresses attempts to export improperly; confiscation was therefore set aside. Penalties under s.114(iii) failed as no improper export attempt and no confiscation sustained, and s.114AA penalties also failed due to lack of admissible evidence; appeal allowed. - CESTAT
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