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...
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Liability to pay interest upon finalization of provisional assessment prior to insertion of sub-section (3) in Section 18 of the Customs Act, 1962 - The CESTAT analyzed Section 18(3) of the Customs Act, which imposes interest liability on the importer or exporter upon final assessment order. However, this provision was inserted after the provisional assessment in question.The Tribunal cited legal principles stating that legislation is prospective unless expressly made retrospective. Previous cases and statutory interpretations affirmed this principle.It was concluded that the amendment to Section 18 was substantive and not clarificatory, thus lacking retrospective applicability.
Liability to pay interest upon finalization of provisional assessment prior to insertion of sub-section (3) in Section 18 of the Customs Act, 1962 - The CESTAT analyzed Section 18(3) of the Customs Act, which imposes interest liability on the importer or exporter upon final assessment order. However, this provision was inserted after the provisional assessment in question.The Tribunal cited legal principles stating that legislation is prospective unless expressly made retrospective. Previous cases and statutory interpretations affirmed this principle.It was concluded that the amendment to Section 18 was substantive and not clarificatory, thus lacking retrospective applicability.
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