Eligibility for exemption depends on strict construction of the product description; reapers without binder are ineligible, but confiscation and penal...
Customs jurisdiction defined for Principal Commissioner, Vishakhapatnam, covering specified ports, districts and India's adjacent EEZ; effective on pu...
Before invoking provisional attachment powers, authorities must form an objective opinion on tangible material demonstrating necessity to protect revenue; reliance on bank loans or hypothetical future demand is insufficient. Authorities must consider the assessee's history as a regular taxpayer when deciding on attachment. Provisional attachment is a draconian power and, consistent with principles of natural justice and applicable administrative guidance, the assessee should be afforded the opportunity to deposit a portion of the disputed demand as a minimum safeguard. The impugned attachment was set aside for lack of requisite formation of opinion and failure to permit the prescribed deposit mechanism, with a deposit direction issued.
Before invoking provisional attachment powers, authorities must form an objective opinion on tangible material demonstrating necessity to protect revenue; reliance on bank loans or hypothetical future demand is insufficient. Authorities must consider the assessee's history as a regular taxpayer when deciding on attachment. Provisional attachment is a draconian power and, consistent with principles of natural justice and applicable administrative guidance, the assessee should be afforded the opportunity to deposit a portion of the disputed demand as a minimum safeguard. The impugned attachment was set aside for lack of requisite formation of opinion and failure to permit the prescribed deposit mechanism, with a deposit direction issued.
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