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 128 of the Customs Act permits an appeal within 60 days of communication of the order, with only a further 30 days available for condonation by the appellate authority; beyond that outer limit, the authority lacks jurisdiction to entertain the appeal. The High Court upheld the Commissioner (Appeals) and Tribunal in refusing to admit appeals filed after the statutory period. It further held that this limitation does not create an absolute bar to constitutional relief under Article 226. As the delay showed no deliberate inaction or lack of bona fides and the merits had never been examined, the Court condoned the delay subject to costs, set aside the appellate orders, and directed restoration of the appeal for fresh decision on merits.
Section 128 of the Customs Act permits an appeal within 60 days of communication of the order, with only a further 30 days available for condonation by the appellate authority; beyond that outer limit, the authority lacks jurisdiction to entertain the appeal. The High Court upheld the Commissioner (Appeals) and Tribunal in refusing to admit appeals filed after the statutory period. It further held that this limitation does not create an absolute bar to constitutional relief under Article 226. As the delay showed no deliberate inaction or lack of bona fides and the merits had never been examined, the Court condoned the delay subject to costs, set aside the appellate orders, and directed restoration of the appeal for fresh decision on merits.
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