Prohibited importation of cosmetics without prior regulatory registration attracts seizure and confiscation; warehousing or re export claims do not cu...
Provisional release on security permitted where cash deposit plus bond secures differential duty; classification and treaty benefits referred for deci...
Customs Valuation Rule Sequence must be followed; single-comparator re-determination and penalties set aside without comparability or proof of mis-dec...
Separately Identifiable Services: transportation found to be the essential character, so Cargo Handling classification and extended limitation rejecte...
Failure to grant the statutory personal hearing under Section 75(4) vitiated the proceedings, because a taxpayer's statement in Form GST DRC-06 that no hearing was required could not override the statutory mandate. Once the authority did not accept the reply, it was bound to afford the prescribed hearing opportunity and could not decide the matter on the first date fixed for hearing. As three opportunities of personal hearing were not granted, the order was held to breach both the statute and principles of natural justice. The HC quashed the order and remanded the matter for fresh adjudication after giving the required hearing.
Failure to grant the statutory personal hearing under Section 75(4) vitiated the proceedings, because a taxpayer's statement in Form GST DRC-06 that no hearing was required could not override the statutory mandate. Once the authority did not accept the reply, it was bound to afford the prescribed hearing opportunity and could not decide the matter on the first date fixed for hearing. As three opportunities of personal hearing were not granted, the order was held to breach both the statute and principles of natural justice. The HC quashed the order and remanded the matter for fresh adjudication after giving the required hearing.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4807 
Join Channel 
