Person chargeable with duty must be the importer at importation; subsequent purchasers cannot be held liable where beneficial owner rules did not appl...
Prohibited importation of cosmetics without prior regulatory registration attracts seizure and confiscation; warehousing or re export claims do not cu...
Provisional release on security permitted where cash deposit plus bond secures differential duty; classification and treaty benefits referred for deci...
The Appellate Tribunal upheld the finding that a security deposit had been adjusted against lease rentals during the moratorium, but held that any restoration of that amount must be pursued before the Adjudicating Authority in appropriate proceedings. It also set aside the impugned order on fraudulent trading because material documents bearing on supply of machinery under the master lease arrangement had not been properly considered; the matter was remanded for fresh adjudication after permitting further evidence. The Tribunal further explained the different requirements under section 66(1) and section 66(2) and left open, for reconsideration on remand, whether a third party could be directed to contribute to the corporate debtor's assets.
The Appellate Tribunal upheld the finding that a security deposit had been adjusted against lease rentals during the moratorium, but held that any restoration of that amount must be pursued before the Adjudicating Authority in appropriate proceedings. It also set aside the impugned order on fraudulent trading because material documents bearing on supply of machinery under the master lease arrangement had not been properly considered; the matter was remanded for fresh adjudication after permitting further evidence. The Tribunal further explained the different requirements under section 66(1) and section 66(2) and left open, for reconsideration on remand, whether a third party could be directed to contribute to the corporate debtor's assets.
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