Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Importer liability extends to IEC holders who imported goods...
Admissibility of electronic evidence controls valuation and penalty exposure; non compliant e records and statements nullify revaluation and penalties.
Contents
Summary
Note
Bookmark
Share
✓ Copied successfully !
Print
Print Options
For full text, please login
Login to TaxTMI
Verification Pending
The Email Id has not been verified. Click on the link we have sent on
Importer liability extends to IEC holders who imported goods regardless of beneficial ownership, limiting joint demands to imports against each IEC. Redetermination of transaction value under the Customs Valuation Rules was invalid where based solely on proforma invoices or statements without compliance with the CVR and statutory procedures, so departmental revaluation and related duty demands were set aside. Electronic printouts and statements relied on by the Department were excluded for non compliance with statutory certification and examination requirements, rendering valuation and penalty claims unsustainable. Post import tampering of retail price stickers falls within excise machinery where established; penalties require mens rea and were not proved here.
Importer liability extends to IEC holders who imported goods regardless of beneficial ownership, limiting joint demands to imports against each IEC. Redetermination of transaction value under the Customs Valuation Rules was invalid where based solely on proforma invoices or statements without compliance with the CVR and statutory procedures, so departmental revaluation and related duty demands were set aside. Electronic printouts and statements relied on by the Department were excluded for non compliance with statutory certification and examination requirements, rendering valuation and penalty claims unsustainable. Post import tampering of retail price stickers falls within excise machinery where established; penalties require mens rea and were not proved here.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4811 
Join Channel 
