Proceeds of crime: provisional attachment confirmed; equivalent value attachment and acquisition date fair market value upheld, Covid exclusion preser...
Effective service requirement: officers must explore alternative service modes beyond the GST portal and afford personal hearing; non-compliance voids...
Maintainability of a demand under Section 28 for imported recycled LDPE granules was challenged on procedural grounds: the adjudicating authority cited relied upon documents (RUDs) in the show cause notice but did not furnish them to the importer, undermining procedural fairness and the provisional assessment. The tribunal treated the failure to provide RUDs and inconsistent findings as decisive, set aside the demands, appropriation of deposits, penalties and confiscation, and granted consequential reliefs to the appellants, relying on tribunal precedent to invalidate the assessment measures.
Maintainability of a demand under Section 28 for imported recycled LDPE granules was challenged on procedural grounds: the adjudicating authority cited relied upon documents (RUDs) in the show cause notice but did not furnish them to the importer, undermining procedural fairness and the provisional assessment. The tribunal treated the failure to provide RUDs and inconsistent findings as decisive, set aside the demands, appropriation of deposits, penalties and confiscation, and granted consequential reliefs to the appellants, relying on tribunal precedent to invalidate the assessment measures.
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