Invoice-based recovery claims remain time-barred despite separate winding-up proceedings, absent valid acknowledgment or part-payment of the disputed ...
Extended limitation fails without specific suppression allegations, while overseas employee secondment remains taxable as manpower supply within norma...
Time-share accommodation classification excludes Club or Association Service where purchasers receive contractual occupancy rights without genuine mem...
CENVAT credit for trading requires reversal, while taxable-service rental credit remains proportionately available and limitation issues await resolut...
Vicarious liability for dishonoured company cheques may extend to non-signatory directors where complaints contain foundational responsibility avermen...
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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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