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...
Appointment of Registrars as adjudicating officers under Companies Act reallocates territorial jurisdiction and sets appeal route to Regional Director...
Revocation of a customs broker licence was set aside because the decision-maker disagreed with an inquiry report that had exonerated the broker but failed to record and communicate the adverse reasons or material supporting that disagreement and did not afford the broker an opportunity to reply. The note emphasises that while an inquiry report is not binding, principles of natural justice require disclosure of reasons for disagreement and a chance to rebut; absence of such communication renders the revocation order procedurally infirm and led to allowance of the appeal.
Revocation of a customs broker licence was set aside because the decision-maker disagreed with an inquiry report that had exonerated the broker but failed to record and communicate the adverse reasons or material supporting that disagreement and did not afford the broker an opportunity to reply. The note emphasises that while an inquiry report is not binding, principles of natural justice require disclosure of reasons for disagreement and a chance to rebut; absence of such communication renders the revocation order procedurally infirm and led to allowance of the appeal.
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