Condonation of delay permits statutory appeal restoration where inadequate service explanation prevented consideration of reassessment and taxable-inc...
Limitation in customs appeals permits exclusion for bona fide refund proceedings, enabling restoration of Bill of Entry assessment challenges on merit...
Warehousing permission requires deposit at the designated bonded warehouse; unauthorised diversion triggers confiscation, redemption fine and importer...
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Penalties under Sections 112(a) and 114AA were held unsustainable where the importer filed an emission certificate issued by an authorised agency, together with Bills of Entry and supporting technical documents, and Customs cleared the goods after verification. The Tribunal found no suppression, concealment, or knowing use of a false or incorrect document, and accepted that the importer acted bona fide in relying on the certificate. The later objection that the certificate was not in the form of a type approval certificate did not establish the ingredients for penalty, so the penalties were set aside.
Penalties under Sections 112(a) and 114AA were held unsustainable where the importer filed an emission certificate issued by an authorised agency, together with Bills of Entry and supporting technical documents, and Customs cleared the goods after verification. The Tribunal found no suppression, concealment, or knowing use of a false or incorrect document, and accepted that the importer acted bona fide in relying on the certificate. The later objection that the certificate was not in the form of a type approval certificate did not establish the ingredients for penalty, so the penalties were set aside.
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