Governmental authority status supports construction-service exemption, while pre-cutoff contract and stamp-duty compliance requires verification on re...
Automated Free Sale and Commerce Certificates enable paperless processing while retaining risk-based manual verification for selected exporter applica...
Employee stock-shortage penalties do not constitute consideration for services, preventing GST collection under Schedule II in employment relationship...
The High Court interpreted Section 110-A of the Customs Act, 1962, focusing on the discretionary use of "may" instead of "shall" regarding provisional release of prohibited goods. The appellant refused provisional release as imported gold meant for export was diverted to the domestic market. The Tribunal can review the appellant's decision but, due to the serious violation, it wasn't justified in releasing the goods provisionally. The Tribunal overlooked Circular No.35/2017, stating prohibited goods cannot be provisionally released. The respondent can deposit the gold's value for provisional release, ensuring compliance with export obligations. The appeal of revenue allowed.
The High Court interpreted Section 110-A of the Customs Act, 1962, focusing on the discretionary use of "may" instead of "shall" regarding provisional release of prohibited goods. The appellant refused provisional release as imported gold meant for export was diverted to the domestic market. The Tribunal can review the appellant's decision but, due to the serious violation, it wasn't justified in releasing the goods provisionally. The Tribunal overlooked Circular No.35/2017, stating prohibited goods cannot be provisionally released. The respondent can deposit the gold's value for provisional release, ensuring compliance with export obligations. The appeal of revenue allowed.
Note: It is a system-generated summary and is for quick reference only.