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...
Electronic evidence from a mobile phone was rejected because the statutory requirements for admissibility under Section 138C were not shown to be met, and the retrieved note did not match the import documents in specification or quantity. Comparable import data was also found insufficient because similarity in grade, dimensions, width and commercial level was not established, so rejection of the declared transaction value failed and undervaluation was not proved. The Tribunal further held that suppression was not made out where the show cause case rested on documents already supplied at import, making the extended period unavailable and the penalties unsustainable. Classification was left open.
Electronic evidence from a mobile phone was rejected because the statutory requirements for admissibility under Section 138C were not shown to be met, and the retrieved note did not match the import documents in specification or quantity. Comparable import data was also found insufficient because similarity in grade, dimensions, width and commercial level was not established, so rejection of the declared transaction value failed and undervaluation was not proved. The Tribunal further held that suppression was not made out where the show cause case rested on documents already supplied at import, making the extended period unavailable and the penalties unsustainable. Classification was left open.
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