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...
Eligibility for exemption depends on strict construction of the product description; reapers without binder are ineligible, but confiscation and penal...
Self-assessed Bills of Entry attain finality unless challenged within the statutory appellate period. The Tribunal held that reassessment under Section 17(5) applies only where departmental verification, examination, testing or similar scrutiny shows the self-assessment to be incorrect; a later allegation of short shipment, raised about two years after clearance, could not reopen a concluded assessment. It further held that refund proceedings cannot be used as a substitute for appeal or as a fresh assessment on merits. Because the importer did not timely challenge the assessment, and any belated challenge was beyond the condonable period, both reassessment and refund were rightly rejected.
Self-assessed Bills of Entry attain finality unless challenged within the statutory appellate period. The Tribunal held that reassessment under Section 17(5) applies only where departmental verification, examination, testing or similar scrutiny shows the self-assessment to be incorrect; a later allegation of short shipment, raised about two years after clearance, could not reopen a concluded assessment. It further held that refund proceedings cannot be used as a substitute for appeal or as a fresh assessment on merits. Because the importer did not timely challenge the assessment, and any belated challenge was beyond the condonable period, both reassessment and refund were rightly rejected.
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