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...
Extended limitation for a customs demand was not available where the show cause notice was issued beyond the normal period and the dispute concerned a technical claim for notification benefit; mere claim of misclassification or benefit under the notification did not amount to suppression or wilful misstatement when the imports as CKD condition were disclosed in the Bills of Entry and invoices. Differential duty could not be recovered by reopening self-assessed Bills of Entry without first challenging that assessment. Redemption fine also failed because the goods had already been cleared and were not available for confiscation. With the principal demand unsustainable, interest and penalty were likewise set aside.
Extended limitation for a customs demand was not available where the show cause notice was issued beyond the normal period and the dispute concerned a technical claim for notification benefit; mere claim of misclassification or benefit under the notification did not amount to suppression or wilful misstatement when the imports as CKD condition were disclosed in the Bills of Entry and invoices. Differential duty could not be recovered by reopening self-assessed Bills of Entry without first challenging that assessment. Redemption fine also failed because the goods had already been cleared and were not available for confiscation. With the principal demand unsustainable, interest and penalty were likewise set aside.
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