International transaction characterisation of domestic divestment of support services business rejected; transaction between resident associated enter...
Minimum Import Price restrictions for Black Pepper, Areca-nuts and Apples upheld; procedural laying failure not fatal, notifications to be placed befo...
Transaction value between related persons requires market-equivalent pricing; importer must prove declared value mirrors ordinary international trade ...
Classification of exported insecticides under export tariff affirmed; reclassification and related penalties set aside and MEIS scrip jurisdiction rec...
Burden of proof in customs proceedings shifts to the respondent only upon a reasonable belief that goods are smuggled; here the department admitted domestic purchase invoices and produced no corroborative evidence of foreign origin, so the asserted smuggled character was unproven and confiscation could not be sustained. The appellate authority set aside the original detention and ordered unconditional release of the specified gold bar because proof of domestic chain of transaction and lawful acquisition was established and the Revenue failed to discharge evidentiary requirements.
Burden of proof in customs proceedings shifts to the respondent only upon a reasonable belief that goods are smuggled; here the department admitted domestic purchase invoices and produced no corroborative evidence of foreign origin, so the asserted smuggled character was unproven and confiscation could not be sustained. The appellate authority set aside the original detention and ordered unconditional release of the specified gold bar because proof of domestic chain of transaction and lawful acquisition was established and the Revenue failed to discharge evidentiary requirements.
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