Prior Sanction Requirement: absence of prescribed approval invalidates reassessment notice; limitation also bars notice if escaped income below thresh...
Eligibility for exemption depends on strict construction of the product description; reapers without binder are ineligible, but confiscation and penal...
Customs jurisdiction defined for Principal Commissioner, Vishakhapatnam, covering specified ports, districts and India's adjacent EEZ; effective on pu...
Penalty under section 112(b)(ii) could not be sustained where the only basis was a higher amount charged in earlier clearances, because that circumstance created at most a presumption and did not prove knowledge or conscious participation in improper importation. The Tribunal noted that the Embassy documents were genuine and that the appellant's role was limited to forwarding email and documents to the customs broker who handled clearance. In the absence of material showing involvement in duty evasion or importation of goods liable to confiscation, the penalty was without authority of law and was set aside.
Penalty under section 112(b)(ii) could not be sustained where the only basis was a higher amount charged in earlier clearances, because that circumstance created at most a presumption and did not prove knowledge or conscious participation in improper importation. The Tribunal noted that the Embassy documents were genuine and that the appellant's role was limited to forwarding email and documents to the customs broker who handled clearance. In the absence of material showing involvement in duty evasion or importation of goods liable to confiscation, the penalty was without authority of law and was set aside.
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