Search and seizure: abatement of earlier search bars use of prior seized material in later search-based assessments; relief limited to new documents f...
Admission of additional evidence under remand rules must await a meaningful remand report; failure to do so breaches natural justice and mandates rema...
Export Obligation Discharge Certificates for EPCG compliance cannot be questioned by Customs unless DGFT adjudicates and cancels them, so demands quas...
Customs law did not extend to fasten liability on a foreign exporter for pre-amendment transactions where the exporter was outside India and the relevant amendment to Section 1 operated only prospectively from 29 March 2018. The Act placed post-import compliance and responsibility on the Indian importer, and no legal basis was shown to make the foreign exporter answer for the importers' alleged misdeclaration. Penalties under Sections 112 and 114AA also failed because there was no evidence of any act, omission, abetment, false declaration, or other conduct by the petitioners that satisfied the statutory requirements. On that basis, the show-cause notices were quashed as without jurisdiction.
Customs law did not extend to fasten liability on a foreign exporter for pre-amendment transactions where the exporter was outside India and the relevant amendment to Section 1 operated only prospectively from 29 March 2018. The Act placed post-import compliance and responsibility on the Indian importer, and no legal basis was shown to make the foreign exporter answer for the importers' alleged misdeclaration. Penalties under Sections 112 and 114AA also failed because there was no evidence of any act, omission, abetment, false declaration, or other conduct by the petitioners that satisfied the statutory requirements. On that basis, the show-cause notices were quashed as without jurisdiction.
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