Deductibility for charitable donations affirmed where payments to approved relief funds, even if CSR-driven, qualify under the donation deduction sche...
Mis-declaration in import descriptions must be deliberate to justify confiscation; withheld contemporaneous import documents invalidate value redeterm...
Liability for EPCG export shortfall: duty and interest sustained, but confiscation and penalties quashed where no fraud and causes beyond importer con...
Show-cause notice under Section 124 must be a written, specific notice and a reasonable, personal opportunity of hearing is mandatory before confiscation and penalties can be imposed; waivers must be voluntary, conscious and informed, and pre-printed or non-particularised waivers cannot substitute for the statutory notice. The article distinguishes Section 28 (duty recovery) from Section 124 (confiscation and civil consequences) and concludes that permitting confiscation without compliance with Section 124 breaches natural justice; non-compliance vitiates confiscation and allows reopening by issuing a valid Section 124 notice and fresh adjudication.
Show-cause notice under Section 124 must be a written, specific notice and a reasonable, personal opportunity of hearing is mandatory before confiscation and penalties can be imposed; waivers must be voluntary, conscious and informed, and pre-printed or non-particularised waivers cannot substitute for the statutory notice. The article distinguishes Section 28 (duty recovery) from Section 124 (confiscation and civil consequences) and concludes that permitting confiscation without compliance with Section 124 breaches natural justice; non-compliance vitiates confiscation and allows reopening by issuing a valid Section 124 notice and fresh adjudication.
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