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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A Customs Broker was held not liable for export overvaluation where the record showed the exporter's authority letter, IEC, PAN-based KYC material and related documents, and the alleged failures to advise compliance, exercise due diligence and verify the client were not proved. The Tribunal reiterated that a broker is not required to determine export value or detect misdeclaration as a customs officer would, and rejected liability based on supposed collusion. It also treated the inquiry and adjudication timelines under the Customs Broker Licensing Regulations as mandatory, so delay beyond those periods vitiated the proceedings. Separate penalty already imposed on the same facts made the further penal action unsustainable, and the licence revocation, forfeiture and penalty were set aside.
A Customs Broker was held not liable for export overvaluation where the record showed the exporter's authority letter, IEC, PAN-based KYC material and related documents, and the alleged failures to advise compliance, exercise due diligence and verify the client were not proved. The Tribunal reiterated that a broker is not required to determine export value or detect misdeclaration as a customs officer would, and rejected liability based on supposed collusion. It also treated the inquiry and adjudication timelines under the Customs Broker Licensing Regulations as mandatory, so delay beyond those periods vitiated the proceedings. Separate penalty already imposed on the same facts made the further penal action unsustainable, and the licence revocation, forfeiture and penalty were set aside.
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