Classification of imported salvaged shaft pieces as ship parts confirmed, reassessment time-barred and appeal allowed restoring original classificatio...
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...
Concessional rate of basic customs duty reassessment was challenged on grounds that ICES-derived information used by the appellate authority was not disclosed to the importer, breaching natural justice; consequence: impugned order set aside for failure to furnish material and opportunity. The absence of a separate speaking order when re-assessment findings were applied across multiple imports rendered the appellate exercise inappropriate; consequence: appellate treatment declared collateral adjudication and unreliable. Confiscation and penalty powers were referenced but not permitted to validate the defective appellate process; consequence: all 50 appeals restored to first appellate authority for fresh consideration on merit and maintainability.
Concessional rate of basic customs duty reassessment was challenged on grounds that ICES-derived information used by the appellate authority was not disclosed to the importer, breaching natural justice; consequence: impugned order set aside for failure to furnish material and opportunity. The absence of a separate speaking order when re-assessment findings were applied across multiple imports rendered the appellate exercise inappropriate; consequence: appellate treatment declared collateral adjudication and unreliable. Confiscation and penalty powers were referenced but not permitted to validate the defective appellate process; consequence: all 50 appeals restored to first appellate authority for fresh consideration on merit and maintainability.
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