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...
Composite supply of drilling services and site specific chemicals characterised as composite supply; prior advance rulings set aside, tax rate left op...
Declared value could be rejected where the proper officer had reason to doubt its truth or accuracy, and a forged consent letter provided a valid basis for rejection; valuation was then correctly made under the sequential rules using the value of similar Heavy Melting Scrap, and the challenge to valuation failed. A separate summons relating to a different customs broker regulations enquiry was irrelevant because it did not affect the valuation and weighment findings in the impugned orders. A proprietary concern has no separate legal existence from its proprietor, so an independent penalty on the concern could not stand once penalty had been imposed on the proprietor; the separate writ filed in the concern's name was therefore not maintainable.
Declared value could be rejected where the proper officer had reason to doubt its truth or accuracy, and a forged consent letter provided a valid basis for rejection; valuation was then correctly made under the sequential rules using the value of similar Heavy Melting Scrap, and the challenge to valuation failed. A separate summons relating to a different customs broker regulations enquiry was irrelevant because it did not affect the valuation and weighment findings in the impugned orders. A proprietary concern has no separate legal existence from its proprietor, so an independent penalty on the concern could not stand once penalty had been imposed on the proprietor; the separate writ filed in the concern's name was therefore not maintainable.
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