Proceeds of crime: provisional attachment confirmed; equivalent value attachment and acquisition date fair market value upheld, Covid exclusion preser...
Effective service requirement: officers must explore alternative service modes beyond the GST portal and afford personal hearing; non-compliance voids...
Valuation of mixed used/unused imported toolroom parts must follow the sequential methodology of the Customs Valuation Rules, resorting to the residual method only if Rules 3-8 cannot be applied; a Chartered Engineer certificate and unverified contemporaneous import data cannot alone justify rejection of the transaction value, and redetermination based solely on such a certificate is unlawful. Where the declared description matched the CE certificate and first check examination occurred, findings of intentional mis declaration were unsupported; consequential confiscation, redemption fine and penalty were set aside and reassessment was held unsustainable.
Valuation of mixed used/unused imported toolroom parts must follow the sequential methodology of the Customs Valuation Rules, resorting to the residual method only if Rules 3-8 cannot be applied; a Chartered Engineer certificate and unverified contemporaneous import data cannot alone justify rejection of the transaction value, and redetermination based solely on such a certificate is unlawful. Where the declared description matched the CE certificate and first check examination occurred, findings of intentional mis declaration were unsupported; consequential confiscation, redemption fine and penalty were set aside and reassessment was held unsustainable.
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