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...
Duty drawback recovery under Rule 16, despite no express limitation period, must be initiated within a reasonable time based on the facts. The text states that delayed recovery may be sustainable where fraudulent availment or suppression is alleged, but non-production of proof of export-proceeds realisation alone does not establish either ground. Where recovery proceedings begin more than seven years after drawback payments and no explanation is given for the delay, the text treats the proceedings as time-barred. It also notes that the consequential demand and penalty were set aside.
Duty drawback recovery under Rule 16, despite no express limitation period, must be initiated within a reasonable time based on the facts. The text states that delayed recovery may be sustainable where fraudulent availment or suppression is alleged, but non-production of proof of export-proceeds realisation alone does not establish either ground. Where recovery proceedings begin more than seven years after drawback payments and no explanation is given for the delay, the text treats the proceedings as time-barred. It also notes that the consequential demand and penalty were set aside.
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