Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Customs - Highlights / Catch Notes

Home Highlights July 2024 Year 2024 This

The case involves the Appellant challenging the enhancement of ...


SEZ unit: Appellant challenges customs values, wins appeal due to lack of communication & violation of justice principles.

July 1, 2024

Case Laws     Customs     AT

The case involves the Appellant challenging the enhancement of declared values for clearances to the DTA Unit by the specified officer, MEPZ-SEZ. The Appellant's declared values were accepted as transaction value under Customs Valuation Rules, 2007 until July 2018. The issue arose when the values were enhanced without proper communication or justification, leading to a violation of natural justice. The Appellate Tribunal set aside the lower authority's order, citing a lack of discussion on the violation of principles of natural justice. The case was remanded for a well-reasoned determination of values in accordance with the Customs Act, 1962. The appeal was allowed by way of remand.

View Source

 


 

You may also like:

  1. The High Court set aside the impugned order/communication dated 16 January 2024, revoking the No Objection Certificate (NOC) to operate from all ports and for trade...

  2. Undervaluation of imported goods - Patchouli Oil - The CESTAT found that the rejection of the declared value lacked legal basis and was unsupported by evidence. The...

  3. Registration u/s 80G(5) - The rejection was based on allegations of discrepancy in the organization's name, violation of FCRA provisions, and involvement in religious...

  4. CESTAT ruled that Free on Board (FOB) value is the transaction value agreed between buyer and seller, which cannot be modified by any Customs officer or third party. The...

  5. Customs duty levied on imported goods destroyed by fire in SEZ units. SEZ units procured duty-free goods indigenously, availing exemptions under SEZ Act, 2005 and Rules,...

  6. Customs broker's license suspension case involving violations of Regulations 10(d) and 10(e) of Customs Brokers Licensing Regulations (CBLR), 2018. Gross mis-declaration...

  7. Customs Broker license revocation, security deposit forfeiture, and penalty imposition under Regulations 10(a), (d), (e), and (n) of CBLR challenged. Regulation 10(a)...

  8. Violation of principles of natural justice - Mode of Communication - petitioner submits that in most of the cases, the assessees are not aware of the show cause notices...

  9. Adjudication of a customs duty dispute involving the import of cars and the determination of the 'transaction value' u/s 14 of the Customs Act, 1962. The key points are:...

  10. Violation of Special Economic Zones Act, 2005, Special Economic Zones Rules, 2006, and Customs Act regarding smuggling into the NSEZ. Determination of whether a customs...

  11. Rejection of transaction value declared by appellant was improper as it lacked cogent and comparable evidence from contemporaneous imports. Adjudicating authority failed...

  12. Impugned communication rejecting application for input tax credit blocking lacked reasoning, amounting to non-application of mind and violation of natural justice...

  13. Revocation of customs broker license challenged due to lack of specific allegations in show cause notice regarding violations of Regulations 11(n) and 17(9) of 2013...

  14. Transaction value must be accepted as assessable value unless proven incorrect through independent evidence, mere reference to NIDB data insufficient. Onus on Department...

  15. Reassessment proceedings initiated u/s 147 were quashed by ITAT for violation of principles of natural justice due to lack of opportunity for cross-examination of...

 

Quick Updates:Latest Updates