Independent show-cause notices remain separate proceedings, while customs adjudication challenges should ordinarily follow the statutory appellate rem...
Institutional incapacity in customs settlement proceedings excludes non-functional quorum periods from statutory disposal timelines, preventing automa...
Interactive touchscreen panels with integrated computing functions fall under automatic data-processing machines rather than display monitors for cust...
Ex parte injunction service requirements were substantially met, while civil recovery and SFIO investigation into provident fund defalcation continued...
Enforcement of resolution-plan directions continues without a Supreme Court stay, preventing suspension of redistribution and escrowed-fund distributi...
Third-party ownership claims over attached property require Special Court adjudication where purchasers lack registered sale deeds and bona fides rema...
Pure-agent reimbursements in clearing and forwarding services are excluded from taxable value when qualifying third-party payments are properly record...
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.
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