Revisability of return invalidation communications under tax procedure affirmed, impugned non revisional finding quashed and matter remitted for fresh...
Transferable duty credit scrips validity and bona fide transferee entitlement to exemption upheld where scrips were subsisting at import, appeals allo...
Classification of knocked down motor vehicle component imports: Notification benefit denied because items are standalone non kit parts requiring subst...
Penalties under section 112 for alleged import of restricted rough marble without adequate Special Import Licences were held unsustainable because the case rested on presumptions drawn from mismatches between Bills of Entry and licences, while key records such as adjudication orders and details of fine/penalty payments were unavailable. In the absence of contrary evidence, the lawful clearance of goods pursuant to customs adjudication and "out of charge" was presumed, and no adverse inference could be drawn merely from missing documents. Consequently, penalties on the importer and connected persons were set aside and all appeals were allowed. - CESTAT
Penalties under section 112 for alleged import of restricted rough marble without adequate Special Import Licences were held unsustainable because the case rested on presumptions drawn from mismatches between Bills of Entry and licences, while key records such as adjudication orders and details of fine/penalty payments were unavailable. In the absence of contrary evidence, the lawful clearance of goods pursuant to customs adjudication and "out of charge" was presumed, and no adverse inference could be drawn merely from missing documents. Consequently, penalties on the importer and connected persons were set aside and all appeals were allowed. - CESTAT
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