Retrospective cancellation of charitable registration under section 12AB(4) was unsustainable; related-party benefit allegations did not prove nongenu...
Merger control notice and disclosure rules: Supreme Court limits penalties, rejects reopening of approved combination, and sets aside adverse findings...
Re-imported goods may attract customs duty, but exemption under notifications issued for re-import can still apply where the importer establishes correlation with the originally exported goods and complies with the notified conditions. On the facts, the Tribunal accepted disclosure of the earlier shipping particulars, repayment of drawback with interest, movement under bond and customs sealing, and subsequent re-export under departmental supervision; the bond cancellation by the department meant alleged breach proceedings could not survive. It also held that the alternative drawback-linked exemption was available because the substantive conditions were met, and denial merely because it was not claimed in the bill of entry was impermissible. The duty demand, redemption fine and penalties were set aside.
Re-imported goods may attract customs duty, but exemption under notifications issued for re-import can still apply where the importer establishes correlation with the originally exported goods and complies with the notified conditions. On the facts, the Tribunal accepted disclosure of the earlier shipping particulars, repayment of drawback with interest, movement under bond and customs sealing, and subsequent re-export under departmental supervision; the bond cancellation by the department meant alleged breach proceedings could not survive. It also held that the alternative drawback-linked exemption was available because the substantive conditions were met, and denial merely because it was not claimed in the bill of entry was impermissible. The duty demand, redemption fine and penalties were set aside.
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