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Customs - Highlights / Catch Notes

Home Highlights February 2022 Year 2022 This

Finalization of provisional assessment - The authorities below ...


Duty Collection Violates Notification No. 62/2007-Cus; Non-speaking Order by Customs Deputy Commissioner Deemed Unjustified and Unsustainable.

February 16, 2022

Case Laws     Customs     AT

Finalization of provisional assessment - The authorities below have erred in collecting the Duty at ₹ 300/- per M.T., which is clearly illegal and in violation of Notification No. 62/2007-Cus. ibid.; and secondly, the order of the Deputy Commissioner of Customs, which is treated as the Order-in-Original is clearly a non-speaking order and the same cannot be sustained. The collection of Duty, therefore, is clearly without the authority of law. Consequently, the impugned order, which has sustained the non-speaking order of the Deputy Commissioner, cannot also be sustained. - AT

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