Retrospective application of beneficial circulars upheld, binding officers and granting post adjudication relief where adjudication occurred after cir...
Admissibility of Investigation Statements requires witness examination before the adjudicating authority; otherwise statements cannot sustain a penalt...
Transaction value and connected person treatment in excise valuation: proprietary concerns not inter connected undertakings, relief on valuation and c...
Appointment of Registrars as adjudicating officers under Companies Act reallocates territorial jurisdiction and sets appeal route to Regional Director...
Composite supply of drilling services and site specific chemicals characterised as composite supply; prior advance rulings set aside, tax rate left op...
Liability for short-levied customs duty arising from a Customs House Agents substitution and misappropriation was examined; where importers bona fide tendered payment by demand drafts to their CHA and documentary bank evidence supported that tender, liability for unpaid duty and penalties was attributed to the CHAs misconduct and not to the importers, resulting in annulment of the demand and penalties. The consequences of forged or substituted Bills of Entry, misappropriation of deposit accounts, and implications for MODVAT/central excise credit claims and supervision of bonded procedures were addressed as collateral issues.
Liability for short-levied customs duty arising from a Customs House Agents substitution and misappropriation was examined; where importers bona fide tendered payment by demand drafts to their CHA and documentary bank evidence supported that tender, liability for unpaid duty and penalties was attributed to the CHAs misconduct and not to the importers, resulting in annulment of the demand and penalties. The consequences of forged or substituted Bills of Entry, misappropriation of deposit accounts, and implications for MODVAT/central excise credit claims and supervision of bonded procedures were addressed as collateral issues.
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