Scope of intermediary status for data hosting services: tribunal finds provider not intermediary, services exported and not taxable, limited remand on...
CENVAT credit availability after omission of Rule 12B in textiles confirmed; late addendum to SCN introducing new grounds held time-barred and invalid...
Export of Wheat Flour and related products subject to online allocation, eligibility criteria, non-transferable six-month authorisations and reporting...
Statements recorded during customs inquiries are relevant only if the maker is examined as a witness before the adjudicating authority, the authority forms an opinion to admit the statement in the interests of justice, and the opposing party is afforded cross examination; absent that procedure the statement lacks evidential value. Where goods are seized as suspected smuggled articles, the burden to prove they are not smuggled lies on the person from whose possession they were taken (or an owner claimant); however, lacking foreign markings or requisite purity, the Revenue must prove a reasonable belief of foreign origin. Penalties imposed on a non possessor/non claimant were set aside and the appeal allowed.
Statements recorded during customs inquiries are relevant only if the maker is examined as a witness before the adjudicating authority, the authority forms an opinion to admit the statement in the interests of justice, and the opposing party is afforded cross examination; absent that procedure the statement lacks evidential value. Where goods are seized as suspected smuggled articles, the burden to prove they are not smuggled lies on the person from whose possession they were taken (or an owner claimant); however, lacking foreign markings or requisite purity, the Revenue must prove a reasonable belief of foreign origin. Penalties imposed on a non possessor/non claimant were set aside and the appeal allowed.
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