Timing mismatch in income recognition requires verification whether receipts were already taxed in an earlier year; matter remitted for fresh examinat...
FOB transaction value and export incentives: customs valuation cannot override contractual export benefits or support confiscation without valid proof...
Actual-user and non-transferability conditions under Notification No. 32/2005-Cus. required the claimant to prove eligibility; the Tribunal found appellants failed this burden because endorsed licence details were missing, job-workers denied receipt, addresses were false or non-existent, contemporaneous records were absent, and arrangements indicated high-seas sales and third party control, cumulatively supporting diversion of duty free imports rather than bona fide use. The principle that exemption is an exception and claimants must produce the best evidence was applied, sustaining demand, confiscation and penalties, but the penalty proposed under section 112 was set aside for procedural infirmity following the jurisdictional High Court.
Actual-user and non-transferability conditions under Notification No. 32/2005-Cus. required the claimant to prove eligibility; the Tribunal found appellants failed this burden because endorsed licence details were missing, job-workers denied receipt, addresses were false or non-existent, contemporaneous records were absent, and arrangements indicated high-seas sales and third party control, cumulatively supporting diversion of duty free imports rather than bona fide use. The principle that exemption is an exception and claimants must produce the best evidence was applied, sustaining demand, confiscation and penalties, but the penalty proposed under section 112 was set aside for procedural infirmity following the jurisdictional High Court.
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