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...
Recording of satisfaction in the assessment order is treated as a jurisdictional prerequisite for initiating penalty for cash receipts in contravention of the statutory banking-route rule; a vague reference to possible penalty proceedings is insufficient, and the defect cannot be cured later in the notice, penalty order or appeal. The Tribunal also held that the alleged contravention must be proved with independent and cogent evidence of the payer, date, amount and statutory threshold breach. Rejected books, estimated income and an uncorroborated admission of additional income were not enough. On that basis, the penalty was held unsustainable and deleted.
Recording of satisfaction in the assessment order is treated as a jurisdictional prerequisite for initiating penalty for cash receipts in contravention of the statutory banking-route rule; a vague reference to possible penalty proceedings is insufficient, and the defect cannot be cured later in the notice, penalty order or appeal. The Tribunal also held that the alleged contravention must be proved with independent and cogent evidence of the payer, date, amount and statutory threshold breach. Rejected books, estimated income and an uncorroborated admission of additional income were not enough. On that basis, the penalty was held unsustainable and deleted.
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