Mis-declaration in import descriptions must be deliberate to justify confiscation; withheld contemporaneous import documents invalidate value redeterm...
Liability for EPCG export shortfall: duty and interest sustained, but confiscation and penalties quashed where no fraud and causes beyond importer con...
Penalty under section 271D was quashed because the assessment order did not record the Assessing Officer's satisfaction that the assessee had committed a contravention attracting that penalty. The Tribunal held that such recorded satisfaction in the body of the assessment order is a jurisdictional prerequisite for valid initiation of penalty proceedings; a mere reference to penalty under section 271(1)(c) was insufficient. In the absence of that foundation, the Joint Commissioner lacked jurisdiction to proceed, the penalty order was invalid, and the appellate order sustaining it was set aside.
Penalty under section 271D was quashed because the assessment order did not record the Assessing Officer's satisfaction that the assessee had committed a contravention attracting that penalty. The Tribunal held that such recorded satisfaction in the body of the assessment order is a jurisdictional prerequisite for valid initiation of penalty proceedings; a mere reference to penalty under section 271(1)(c) was insufficient. In the absence of that foundation, the Joint Commissioner lacked jurisdiction to proceed, the penalty order was invalid, and the appellate order sustaining it was set aside.
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