Tax determination against deceased proprietor invalid where no notice to legal representative; appeal rejected without addressing jurisdictional defec...
Revocation of GST registration and permission to file blocked returns; conditional defreezing of bank accounts after security and instalment applicati...
Right to access seized electronic evidence: impugned adjudication treated as additional show cause notice, remand for fresh hearing and return of mate...
Revisability of return invalidation communications under tax procedure affirmed, impugned non revisional finding quashed and matter remitted for fresh...
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The primary issue was whether importers claiming exemption under Notifications 85/2004 and 101/2004 (COO/Early Harvest) met the burden of proof for local value addition in gold jewellery; the Tribunal held that, consistent with precedent and Section 123 CA, 1962, the onus shifts to the importer to substantiate entitlement and adverse inferences may follow if evidence is lacking - outcome: importer bears burden. A related issue was breach of natural justice from withheld foreign-authority communications and documents; because this defect is curable, the matter is remanded for de novo adjudication after producing the cited documents and any response from the designated Thai authority - remand ordered. - CESTAT
The primary issue was whether importers claiming exemption under Notifications 85/2004 and 101/2004 (COO/Early Harvest) met the burden of proof for local value addition in gold jewellery; the Tribunal held that, consistent with precedent and Section 123 CA, 1962, the onus shifts to the importer to substantiate entitlement and adverse inferences may follow if evidence is lacking - outcome: importer bears burden. A related issue was breach of natural justice from withheld foreign-authority communications and documents; because this defect is curable, the matter is remanded for de novo adjudication after producing the cited documents and any response from the designated Thai authority - remand ordered. - CESTAT
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