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...
Pure-agent reimbursements in clearing and forwarding services are excluded from taxable value when qualifying third-party payments are properly record...
Customs authorities erroneously collected excess duty on import of LCD panels despite Tribunal's prior decision against such classification. Refund claim was rejected on procedural grounds of non-furnishing documents, invoking interest liability u/s 27A. Appellant's compulsions were apparent - fastened with duty contrary to Tribunal's decision, deprived of order u/s 17(5) for appellate recourse, not a party to pending Supreme Court appeal, and limitation u/s 27. Refund application within one year was the only option. Rejection on procedural grounds after telescoped haste is invalidated. Order set aside, application restored for enabling appellant to provide deficient documents and fresh consideration as per settled classification law.
Customs authorities erroneously collected excess duty on import of LCD panels despite Tribunal's prior decision against such classification. Refund claim was rejected on procedural grounds of non-furnishing documents, invoking interest liability u/s 27A. Appellant's compulsions were apparent - fastened with duty contrary to Tribunal's decision, deprived of order u/s 17(5) for appellate recourse, not a party to pending Supreme Court appeal, and limitation u/s 27. Refund application within one year was the only option. Rejection on procedural grounds after telescoped haste is invalidated. Order set aside, application restored for enabling appellant to provide deficient documents and fresh consideration as per settled classification law.
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