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 August 2024 Year 2024 This

Adjudicating authority violated principles of natural justice by ...


Exporter Vindicated: Arbitrary Recovery Order Quashed for Lack of Proper Probe into Alleged Forgery.

Case Laws     Customs

August 30, 2024

Adjudicating authority violated principles of natural justice by failing to consider petitioner's submissions and passing a non-speaking order simply stating recovery was made, without conducting proper investigation or tracing full truth. Court held petitioner did not admit liability, paid amounts under pressure to fulfill export order due to alert on IEC. Incomplete investigation and lack of evidence made it unjustified to confirm charges against petitioner. Impugned order set aside. Respondent directed to investigate how forged scrip was registered, re-registered license used by two importers, why parties not summoned or verification done, and ascertain truth. Petition disposed.

View Source

 


 

You may also like:

  1. Revocation of customs broker license and levy of penalty found unjustified. Alleged violations of Regulations 10(a), 10(b), 10(d) & 10(n) of CBLR, 2018 regarding...

  2. The appellants, who were neither exporters nor Customs House Agents (CHAs), were wrongly penalized u/ss 114 and 114AA for overvaluation of goods for claiming excess duty...

  3. Denial of rightful claim of refund of service tax being the Petitioner is an exporter - Under Section 2(20) of Customs Act the term ‘exporter’ would include any owner or...

  4. Cancellation of petitioner's registration due to alleged fraud, willful misstatement, or suppression of facts in obtaining registration. Proper Officer issued show cause...

  5. The Public Notice issued by the Office of Principal Commissioner of Customs addresses the non-disbursal of Drawback to certain exporters due to their bank account...

  6. Revocation of Customs Broker License - risky exporters involved in IGST refund frauds - reliane placed on reports of the jurisdictional officer - it is not the...

  7. The notice introduces two new functionalities for self-certification of electronic Bank Realization Certificates (eBRCs): a bulk upload facility and API integration. The...

  8. The Appellate Tribunal considered a case involving contravention of section 9(1)(f)(i) of FERA 1973. The appellant argued lack of material and violation of natural...

  9. Validity of provisional attachment order - benefit of Input Tax Credit availed from invoices issued from non-existing firms - It observes that the impugned order lacks...

  10. Petition challenging initiation of criminal proceedings against petitioner, Managing Director of a company, for alleged tax evasion by misrepresenting vehicle ownership...

  11. Customs authorities issued show cause notice based solely on letter doubting authenticity of DEPB licenses, without conducting investigation to establish alleged forgery....

  12. CESTAT Mumbai held that confiscation of imported goods and imposition of penalty u/s 112(a) of Customs Act for forged Special Import Licenses lacked clear evidence...

  13. Validity of order of CIRP obtained - allegation of fraud on the part of Financial Creditor (FC) - The entire transaction as narrated in the Section 7 application is...

  14. Revocation of customs broker license invalid due to contradictory findings - forefeiture of security deposit and penalty levy set aside - no evidence of subletting...

  15. CESTAT, an Appellate Tribunal, addressed the valuation of imported goods (ball valves/check valves/cartridges of brass). The rejection of declared value and...

 

Quick Updates:Latest Updates