Misdeclaration of quantity rejected where supplier evidence established counting errors, so reassessment, confiscation and redemption fine were set as...
Admissibility of electronic evidence controls valuation and penalty exposure; non compliant e records and statements nullify revaluation and penalties...
Whether the Modified Rehabilitation Scheme (MRS) sanctioned by BIFR included waiver of customs demand: court found Customs had full opportunity to object, BIFR's language "to consider" applied to Income-tax and Central Excise but the scheme explicitly addressed non-fulfilment of export obligations under DGFT and referenced the Rs.81.60 lakh demand identical to the Customs O-O; consequence - the challenge that no positive direction was issued on the Rs.81.60 lakh demand was rejected and the demand falls within the MRS. Whether consolidation of licences required: treated as a factual, administrative step to implement waiver directions - consequence: not legally contentious. Impugned order set aside. - HC
Whether the Modified Rehabilitation Scheme (MRS) sanctioned by BIFR included waiver of customs demand: court found Customs had full opportunity to object, BIFR's language "to consider" applied to Income-tax and Central Excise but the scheme explicitly addressed non-fulfilment of export obligations under DGFT and referenced the Rs.81.60 lakh demand identical to the Customs O-O; consequence - the challenge that no positive direction was issued on the Rs.81.60 lakh demand was rejected and the demand falls within the MRS. Whether consolidation of licences required: treated as a factual, administrative step to implement waiver directions - consequence: not legally contentious. Impugned order set aside. - HC
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