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...
Electronic records on a seized/reconstructed DVD were held inadmissible because authenticity, genuineness and reliability could not be verified from the original device and no statutory certificate was produced, therefore the DVD-derived printouts could not support penalty under Section 114AA and the penalties were set aside. A co-accused's statement retracted before a court was held unreliable and cannot implicate the appellant absent independent corroboration, so that retracted statement was disregarded. Because the essential statutory ingredients to attract the customs penalty were not established and no nexus was proved, the penalty imposition was unsustainable and overturned in favour of the appellant.
Electronic records on a seized/reconstructed DVD were held inadmissible because authenticity, genuineness and reliability could not be verified from the original device and no statutory certificate was produced, therefore the DVD-derived printouts could not support penalty under Section 114AA and the penalties were set aside. A co-accused's statement retracted before a court was held unreliable and cannot implicate the appellant absent independent corroboration, so that retracted statement was disregarded. Because the essential statutory ingredients to attract the customs penalty were not established and no nexus was proved, the penalty imposition was unsustainable and overturned in favour of the appellant.
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