Authentication of paper assessment orders upheld, while qualifying repairs, consumables and vendor advance write-offs remain deductible business claim...
Transaction value cannot be rejected solely on non-statutory valuation guidelines without corroborative evidence supporting reassessment of final cust...
Cross-examination rights and corroborated evidence limit customs penalties for misdeclaration in genuine import transactions involving documented clea...
Tariff classification of vehicle gear components follows the specific gearing entry, displacing motor-vehicle parts classification and related liabili...
Necessary-party requirements limit impleadment of independent entities, while deferred consideration does not create an appealable adverse determinati...
Section 127J of the Customs Act was held not to bar FEMA proceedings based on independent evidence gathered in a separate investigation, and FEMA was treated as a self-contained code for contraventions under that enactment. The Tribunal also rejected selective reliance on a director's statement where the export transactions pre-dated his directorship, treating his assertions as hearsay for lack of personal knowledge. On the merits, commission paid by an overseas buyer to an overseas agent was found not to be export proceeds due or accrued to the exporter, so no realization or repatriation obligation arose and the alleged contraventions of the Export Regulations and FEMA were not established. The penalties were set aside.
Section 127J of the Customs Act was held not to bar FEMA proceedings based on independent evidence gathered in a separate investigation, and FEMA was treated as a self-contained code for contraventions under that enactment. The Tribunal also rejected selective reliance on a director's statement where the export transactions pre-dated his directorship, treating his assertions as hearsay for lack of personal knowledge. On the merits, commission paid by an overseas buyer to an overseas agent was found not to be export proceeds due or accrued to the exporter, so no realization or repatriation obligation arose and the alleged contraventions of the Export Regulations and FEMA were not established. The penalties were set aside.
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