Independent manufacturing undertaking eligibility preserves Section 80IA/80IB deductions, while machinery kept ready for use qualifies for depreciatio...
Assessing Officer Satisfaction Requirement Bars Penalty for Cash Receipt in Immovable-Property Sale Cases Where Initiation Lacks Recorded Satisfaction...
Self-assessed import entries remain appealable, while bona fide classification disputes without misdeclaration cannot justify confiscation or penaltie...
Actual-user customs exemption conditions permit turnkey project transfers when imported windmill components are exclusively used for installation and ...
Customs offence disqualification excludes civil contraventions, preventing refusal of a private bonded warehouse licence based solely on monetary pena...
Restricted second-hand parts of capital goods imported without...
Restricted second-hand goods remain redeemable when absolute confiscation lacks specific reasons, and penalties must follow the applicable import provision.
Contents
Summary
Note
Bookmark
Share
✓ Copied successfully !
Print
Print Options
For full text, please login
Login to TaxTMI
Verification Pending
The Email Id has not been verified. Click on the link we have sent on
Restricted second-hand parts of capital goods imported without the required authorisation may be confiscated, but restriction alone does not justify absolute confiscation without specific reasons. Where the goods are restricted rather than prohibited, redemption on payment of fine remains available. Penalty for importing such goods was treated under the provision applicable to improper import; enhancement under a separate provision operating on different premises was not sustainable. The appellate order directing absolute confiscation and enhancing the penalty was set aside, while the original order allowing redemption and imposing the applicable import penalty was restored.
Restricted second-hand parts of capital goods imported without the required authorisation may be confiscated, but restriction alone does not justify absolute confiscation without specific reasons. Where the goods are restricted rather than prohibited, redemption on payment of fine remains available. Penalty for importing such goods was treated under the provision applicable to improper import; enhancement under a separate provision operating on different premises was not sustainable. The appellate order directing absolute confiscation and enhancing the penalty was set aside, while the original order allowing redemption and imposing the applicable import penalty was restored.
Note: It is a system-generated summary and is for quick reference only.