Alternative statutory remedy and unexplained delay barred writ review of customs confiscation adjudication, leaving merits for appellate consideration...
Authorised courier due diligence protects against penalties where declared exports conceal prohibited goods despite proper documentation and customs p...
Customs-controlled container movement now extends to DP World facilities, subject to segregation, inspections, reconciliation, and EXIM cargo priority...
Refund limitation turned on whether an earlier refund application, allegedly filed on 02.06.2011, had in fact been received by the Department; if receipt is proved, that date would govern limitation and the claim would not be time-barred. Because there was no record evidence of receipt, the question was remanded to the refund sanctioning authority for verification. The appellate authority had also exceeded the scope of the original rejection by introducing a new ground on proof of payment; that reasoning was set aside. On remand, the authority may examine double payment and whether the statutory bar of unjust enrichment under Section 27 is satisfied.
Refund limitation turned on whether an earlier refund application, allegedly filed on 02.06.2011, had in fact been received by the Department; if receipt is proved, that date would govern limitation and the claim would not be time-barred. Because there was no record evidence of receipt, the question was remanded to the refund sanctioning authority for verification. The appellate authority had also exceeded the scope of the original rejection by introducing a new ground on proof of payment; that reasoning was set aside. On remand, the authority may examine double payment and whether the statutory bar of unjust enrichment under Section 27 is satisfied.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4827 
Join Channel 
