Limitation period commencement and procedural inquiry rules: identity-based limitation upheld; complaints by authorised public servants need not attra...
Pre-trial bail granted where custodial period, documentary prosecution, and magistrate-triable offence favor release subject to surety and no witness ...
Allowability of Salary Exemptions: Form 16 entries can substantiate HRA and other salary exemptions, and home loan interest is deductible for a self-o...
Valid country of origin certificates under the India-ASEAN PTA Rules, the India-Malaysia PTA Rules and the exemption notifications could not be ignored for preferential customs duty unless they were invalidated through the prescribed retroactive verification mechanism. CESTAT held that Customs was bound to act on the certificates as documentary proof of origin, and the Revenue's reliance on a later Madras High Court decision was distinguishable because that case involved serious discrepancies in the certificate itself. It also held that, for the relevant period, the importer had no mandatory obligation to prove how regional value content was satisfied; that requirement arose only after Section 28DA and the CAROTAR Rules. The denial of exemption, with demand, interest and penalty, was set aside.
Valid country of origin certificates under the India-ASEAN PTA Rules, the India-Malaysia PTA Rules and the exemption notifications could not be ignored for preferential customs duty unless they were invalidated through the prescribed retroactive verification mechanism. CESTAT held that Customs was bound to act on the certificates as documentary proof of origin, and the Revenue's reliance on a later Madras High Court decision was distinguishable because that case involved serious discrepancies in the certificate itself. It also held that, for the relevant period, the importer had no mandatory obligation to prove how regional value content was satisfied; that requirement arose only after Section 28DA and the CAROTAR Rules. The denial of exemption, with demand, interest and penalty, was set aside.
Note: It is a system-generated summary and is for quick reference only.