Chapter II A - Indicating amount of duty in the price of goods, etc., for purpose of refund and crediting certain amounts to the fund (From Section 12A to Section 12D)
Duty recovery procedures: voluntary payment can preclude notice, while fraud allegations invoke extended recovery measures and penalties. The statute enables recovery of duty not levied, unpaid, short levied, short paid or erroneously refunded with distinct procedures: for non fraud cases the officer must issue a show cause notice within a shorter limitation period, but the liable person may voluntarily pay duty with interest before notice and inform the officer to prevent further notice or penalty; for fraud related cases a longer limitation period applies, with mandatory notice requiring duty, interest and an equal penalty, and determinations after hearing must be completed within specified timeframes. Appellate modification adjusts interest and penalties accordingly.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Duty recovery procedures: voluntary payment can preclude notice, while fraud allegations invoke extended recovery measures and penalties.
The statute enables recovery of duty not levied, unpaid, short levied, short paid or erroneously refunded with distinct procedures: for non fraud cases the officer must issue a show cause notice within a shorter limitation period, but the liable person may voluntarily pay duty with interest before notice and inform the officer to prevent further notice or penalty; for fraud related cases a longer limitation period applies, with mandatory notice requiring duty, interest and an equal penalty, and determinations after hearing must be completed within specified timeframes. Appellate modification adjusts interest and penalties accordingly.
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