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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Enhancement of the assessable value of imported old and used machines could not be sustained where the local Chartered Engineer certificate was issued without opening and examining the goods. The Tribunal noted that the goods had already been examined and released on the basis of the load port certificate furnished by the importer, while the later local certificate, used to finalise provisional assessment and raise differential duty, pre-dated the 100% examination and therefore lacked evidentiary validity. On that basis, the value enhancement was held legally unsustainable, and the consequential customs duty demand with interest was set aside.
Enhancement of the assessable value of imported old and used machines could not be sustained where the local Chartered Engineer certificate was issued without opening and examining the goods. The Tribunal noted that the goods had already been examined and released on the basis of the load port certificate furnished by the importer, while the later local certificate, used to finalise provisional assessment and raise differential duty, pre-dated the 100% examination and therefore lacked evidentiary validity. On that basis, the value enhancement was held legally unsustainable, and the consequential customs duty demand with interest was set aside.
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