Arrest safeguards and transit remand requirements invalidated detention following inter-State transfer without communicated grounds or magistrate auth...
Arrest safeguards require disclosed grounds, relative intimation and transit remand, while duplicate prosecution under the CGST framework is unsustain...
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Windmill commissioning evidence supported higher depreciation where grid connection and electricity generation proved operational use before the relev...
Adjustment of Penalties from Refund amount - After an appellate order allowed redemption of the seized currency upon payment of fines and penalties, the appellant filed a refund claim for the amounts paid. - The case involved the illegal smuggling of foreign currency, confiscation, and penalty imposition by the original authority, followed by appeals and refund claims. - The original authority deducted penalties imposed on co-noticees from the refund amount sanctioned to the appellant. - The Appellate Tribunal found that the deductions made from the appellant's refund amount were not justified. Section 142 of the Customs Act does not allow recovery of personal penalties from a refund. - Relying on legal precedents, the Tribunal concluded that personal penalties cannot be recovered from a refund granted to the appellant.
Adjustment of Penalties from Refund amount - After an appellate order allowed redemption of the seized currency upon payment of fines and penalties, the appellant filed a refund claim for the amounts paid. - The case involved the illegal smuggling of foreign currency, confiscation, and penalty imposition by the original authority, followed by appeals and refund claims. - The original authority deducted penalties imposed on co-noticees from the refund amount sanctioned to the appellant. - The Appellate Tribunal found that the deductions made from the appellant's refund amount were not justified. Section 142 of the Customs Act does not allow recovery of personal penalties from a refund. - Relying on legal precedents, the Tribunal concluded that personal penalties cannot be recovered from a refund granted to the appellant.
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