Search and seizure: abatement of earlier search bars use of prior seized material in later search-based assessments; relief limited to new documents f...
Admission of additional evidence under remand rules must await a meaningful remand report; failure to do so breaches natural justice and mandates rema...
Export Obligation Discharge Certificates for EPCG compliance cannot be questioned by Customs unless DGFT adjudicates and cancels them, so demands quas...
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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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