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...
Customs refund of an investigation deposit may be claimed under the statutory refund mechanism where departmental records establish that the amount was credited to the Government account. The discussion distinguishes such a deposit from appellate pre-deposits governed by separate provisions on refund following an appellate order. It explains that loss or non-availability of the original challan need not defeat a refund claim when the departmental C.B.R. Sheet verifies payment. Where the deposit was not appropriated and the underlying customs duty demand was set aside, the deposit is treated as refundable and the refund claim should be processed in accordance with law.
Customs refund of an investigation deposit may be claimed under the statutory refund mechanism where departmental records establish that the amount was credited to the Government account. The discussion distinguishes such a deposit from appellate pre-deposits governed by separate provisions on refund following an appellate order. It explains that loss or non-availability of the original challan need not defeat a refund claim when the departmental C.B.R. Sheet verifies payment. Where the deposit was not appropriated and the underlying customs duty demand was set aside, the deposit is treated as refundable and the refund claim should be processed in accordance with law.
Note: It is a system-generated summary and is for quick reference only.