Condonation of Delay: Tribunal directed condonation where rectification proceedings were pursued, ordering merits adjudication after opportunity to be...
Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
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Excess imported crude degummed soya bean oil was not liable to confiscation where the record showed that the importer directed the custodian not to release the tanker until customs duty on the excess quantity was paid, and the goods were ultimately cleared on payment of duty. On those facts, the redemption fine also could not survive. The Tribunal further found no collusion, wilful misstatement or suppression by either appellant, so penalty for alleged excess removal was not sustainable. The remand concerning the custodian was therefore also set aside.
Excess imported crude degummed soya bean oil was not liable to confiscation where the record showed that the importer directed the custodian not to release the tanker until customs duty on the excess quantity was paid, and the goods were ultimately cleared on payment of duty. On those facts, the redemption fine also could not survive. The Tribunal further found no collusion, wilful misstatement or suppression by either appellant, so penalty for alleged excess removal was not sustainable. The remand concerning the custodian was therefore also set aside.
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