Limitation in customs appeals permits exclusion for bona fide refund proceedings, enabling restoration of Bill of Entry assessment challenges on merit...
Warehousing permission requires deposit at the designated bonded warehouse; unauthorised diversion triggers confiscation, redemption fine and importer...
Special Additional Duty refund limitation under an amending customs exemption notification is addressed in relation to a claim rejected solely for filing beyond one year. The limitation was treated as requiring read-down because subordinate legislation could not impose a time bar affecting substantive refund rights without applying a statutory limitation under the parent enactment. A contrary High Court view was noted, but the refund claim was treated as covered by the decisions supporting read-down. The time-bar rejection was set aside, with consequential relief in accordance with law.
Special Additional Duty refund limitation under an amending customs exemption notification is addressed in relation to a claim rejected solely for filing beyond one year. The limitation was treated as requiring read-down because subordinate legislation could not impose a time bar affecting substantive refund rights without applying a statutory limitation under the parent enactment. A contrary High Court view was noted, but the refund claim was treated as covered by the decisions supporting read-down. The time-bar rejection was set aside, with consequential relief in accordance with law.
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