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...
Eligibility for exemption depends on strict construction of the product description; reapers without binder are ineligible, but confiscation and penal...
Duty-free import benefit for a 100% EOU was denied because export of serpentine products did not satisfy the condition attached to imported marble blocks, as serpentine marble and marble were not similar goods; customs duty was therefore payable on the imports. The extended period of limitation was set aside because the department knew of the imports, exports and DTA clearances, so suppression with intent to evade duty was not proved, and a B-17 bond did not remove the normal limitation rules. Cutting marble blocks into slabs or tiles during the relevant period was held not to amount to manufacture, so the central excise demand failed. Excise duty already paid on DTA clearances was allowed to be adjusted against the surviving customs demand, and confiscation, redemption fine and penalties were set aside.
Duty-free import benefit for a 100% EOU was denied because export of serpentine products did not satisfy the condition attached to imported marble blocks, as serpentine marble and marble were not similar goods; customs duty was therefore payable on the imports. The extended period of limitation was set aside because the department knew of the imports, exports and DTA clearances, so suppression with intent to evade duty was not proved, and a B-17 bond did not remove the normal limitation rules. Cutting marble blocks into slabs or tiles during the relevant period was held not to amount to manufacture, so the central excise demand failed. Excise duty already paid on DTA clearances was allowed to be adjusted against the surviving customs demand, and confiscation, redemption fine and penalties were set aside.
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