Penalty under section 271(1)(c) deleted where income was disclosed in section 153A returns and remaining additions were only estimated or computationa...
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Imported zinc coated (galvanised) and painted steel sheets...
Mis-declaration in import descriptions must be deliberate to justify confiscation; withheld contemporaneous import documents invalidate value redetermination.
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Imported zinc coated (galvanised) and painted steel sheets described only as "painted steel sheets" in Bills of Entry constituted an incomplete description but not deliberate mis declaration; assessing officers should have sought further particulars or queried via Customs EDI, so confiscation, redemption fine and penalties based on mis declaration were unsustainable and set aside. Separately, rejection and redetermination of transaction value using contemporaneous imports under valuation rules is permissible only if the Bills of Entry and supporting documents relied upon are enclosed with the show cause notice or supplied on request; failure to furnish those documents rendered the redetermination and consequent duties/penalties unsustainable.
Imported zinc coated (galvanised) and painted steel sheets described only as "painted steel sheets" in Bills of Entry constituted an incomplete description but not deliberate mis declaration; assessing officers should have sought further particulars or queried via Customs EDI, so confiscation, redemption fine and penalties based on mis declaration were unsustainable and set aside. Separately, rejection and redetermination of transaction value using contemporaneous imports under valuation rules is permissible only if the Bills of Entry and supporting documents relied upon are enclosed with the show cause notice or supplied on request; failure to furnish those documents rendered the redetermination and consequent duties/penalties unsustainable.
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