Limitation period commencement and procedural inquiry rules: identity-based limitation upheld; complaints by authorised public servants need not attra...
Admissibility of retracted statements recorded during investigation cannot alone support enhancement of assessable value where they were restored without cross examination or independent corroboration; reliance on such statements to raise value was held unsustainable, and the enhancement was set aside. Valuation by reference to annexed import entries was invalidated because those imports were not shown to be contemporaneous, identical or demonstrably comparable, yet a uniform 25% uplift was applied without analysis, rendering the differential duty demand arbitrary and quashed. Penalties against an intermediary were annulled where a co intermediary's penalty for the same transactions had been dropped and attained finality, making disparate penalty confirmation unsupportable.
Admissibility of retracted statements recorded during investigation cannot alone support enhancement of assessable value where they were restored without cross examination or independent corroboration; reliance on such statements to raise value was held unsustainable, and the enhancement was set aside. Valuation by reference to annexed import entries was invalidated because those imports were not shown to be contemporaneous, identical or demonstrably comparable, yet a uniform 25% uplift was applied without analysis, rendering the differential duty demand arbitrary and quashed. Penalties against an intermediary were annulled where a co intermediary's penalty for the same transactions had been dropped and attained finality, making disparate penalty confirmation unsupportable.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4807
Join Channel
TaxTMI 
