Power to receive documentary evidence upheld; documents referred in complaint may be placed on record without amendment where omission was inadvertent...
Proof of foreign public documents requires originals or certified diplomatic/notarial copies; inspection must occur in-magna presence and cross-examin...
Prior Sanction Requirement: absence of prescribed approval invalidates reassessment notice; limitation also bars notice if escaped income below thresh...
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The Tribunal held that the extended period of limitation was not available for a customs demand raised about four years after clearance, because the record showed a consistent earlier and later classification of the same goods without objection and supported a bona fide belief by the importer. It further held that non-imposition of penalty under Section 114AA did not, by itself, mean there was no suppression. Finding no misdeclaration or suppression on the facts, the Tribunal set aside the impugned order as time-barred and allowed the appeal solely on limitation, leaving the classification dispute undecided.
The Tribunal held that the extended period of limitation was not available for a customs demand raised about four years after clearance, because the record showed a consistent earlier and later classification of the same goods without objection and supported a bona fide belief by the importer. It further held that non-imposition of penalty under Section 114AA did not, by itself, mean there was no suppression. Finding no misdeclaration or suppression on the facts, the Tribunal set aside the impugned order as time-barred and allowed the appeal solely on limitation, leaving the classification dispute undecided.
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