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...
Recovery of erroneously paid drawback under Rule 16, despite the absence of an express limitation period, must be initiated within a reasonable time where fraud or suppression is not alleged. Mere non-production of proof of realisation of export proceeds does not equate to fraudulent availment. An inordinate, unexplained delay in commencing recovery proceedings, compounded by delay in adjudication, rendered the recovery unsustainable. The belated recovery order and consequential bank-account attachment were set aside; the availability of an appellate remedy and delay in seeking writ relief did not bar relief because the order lacked statutory authority.
Recovery of erroneously paid drawback under Rule 16, despite the absence of an express limitation period, must be initiated within a reasonable time where fraud or suppression is not alleged. Mere non-production of proof of realisation of export proceeds does not equate to fraudulent availment. An inordinate, unexplained delay in commencing recovery proceedings, compounded by delay in adjudication, rendered the recovery unsustainable. The belated recovery order and consequential bank-account attachment were set aside; the availability of an appellate remedy and delay in seeking writ relief did not bar relief because the order lacked statutory authority.
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