Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
Specified income of Baddi Barotiwala Nalagarh Development Authority receives conditional tax exemption, retrospectively covering its designated assess...
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After remand, the Tribunal held that the only surviving issue was whether post-export conversion of free and drawback shipping bills to the advance authorisation scheme was supported by the documentary record. It found that the Commissioner could not again reject the request merely because the goods had passed through RMS without physical examination at export, where the earlier rejection had been on limitation and the remand was limited to verification of documents. Certificates issued by Central Excise authorities identified the relevant advance authorisation numbers, and the Chartered Accountant's certificate matched the import and export particulars shipping bill-wise. In the absence of contrary material, documentary verification was treated as sufficient and conversion was allowed.
After remand, the Tribunal held that the only surviving issue was whether post-export conversion of free and drawback shipping bills to the advance authorisation scheme was supported by the documentary record. It found that the Commissioner could not again reject the request merely because the goods had passed through RMS without physical examination at export, where the earlier rejection had been on limitation and the remand was limited to verification of documents. Certificates issued by Central Excise authorities identified the relevant advance authorisation numbers, and the Chartered Accountant's certificate matched the import and export particulars shipping bill-wise. In the absence of contrary material, documentary verification was treated as sufficient and conversion was allowed.
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