Retrospective application of beneficial circulars upheld, binding officers and granting post adjudication relief where adjudication occurred after cir...
Admissibility of Investigation Statements requires witness examination before the adjudicating authority; otherwise statements cannot sustain a penalt...
Transaction value and connected person treatment in excise valuation: proprietary concerns not inter connected undertakings, relief on valuation and c...
High Court considered valuation of seized goods based on market survey and held that once customs issued a show cause notice using market value, the burden shifted to the appellant to prove incorrect valuation; appellant's general denial and failure to substantiate valuation challenged the decision. Statements recorded under the Customs Act (s.108) were treated as admissible and not vitiated by absence of cross-examination, since the right to cross-examine is not absolute and no prejudice was shown. The court concluded the appeal raised no question of law required for maintainability under the Act and dismissed the appeal.
High Court considered valuation of seized goods based on market survey and held that once customs issued a show cause notice using market value, the burden shifted to the appellant to prove incorrect valuation; appellant's general denial and failure to substantiate valuation challenged the decision. Statements recorded under the Customs Act (s.108) were treated as admissible and not vitiated by absence of cross-examination, since the right to cross-examine is not absolute and no prejudice was shown. The court concluded the appeal raised no question of law required for maintainability under the Act and dismissed the appeal.
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