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...
A CESTAT decision states that an importer's letter foregoing SAFTA preferential duty, given while goods were detained and demurrage accrued, was not a voluntary relinquishment under section 28DA(4) and did not bar challenge to reassessment. It further states that a valid, undisputed Bangladesh certificate of origin established entitlement to concessional duty where the prescribed SAFTA verification procedure was not invoked. As no physical mismatch, misdeclaration or fraud was found, the decision records that the differential duty demand, confiscation, redemption fine and penalty were set aside with consequential relief.
A CESTAT decision states that an importer's letter foregoing SAFTA preferential duty, given while goods were detained and demurrage accrued, was not a voluntary relinquishment under section 28DA(4) and did not bar challenge to reassessment. It further states that a valid, undisputed Bangladesh certificate of origin established entitlement to concessional duty where the prescribed SAFTA verification procedure was not invoked. As no physical mismatch, misdeclaration or fraud was found, the decision records that the differential duty demand, confiscation, redemption fine and penalty were set aside with consequential relief.
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