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...
Goods imported into a Free Trade and Warehousing Zone (FTWZ) by an entity based in Hong Kong were alleged to be non-compliant with Foreign Trade Policy (FTP) and other laws. The Tribunal held that import of 'old and used computer parts' is not barred from being brought into a special economic zone (SEZ). No bill of entry was filed, and there was no evidence of intent to clear goods into the domestic tariff area (DTA) inappropriately. SEZs are deemed outside the customs territory under the Special Economic Zone Act, 2005. The Customs Act, 1962 applies only for imports contrary to authorized operations or upon removal from SEZ without paying duty or violating import prohibitions. The Special Economic Zone Act prevails in case of conflict. The finding of confiscation u/s 111 of Customs Act and penalty u/s 112 were erroneous. The impugned order was set aside, and the appeal was allowed.
Goods imported into a Free Trade and Warehousing Zone (FTWZ) by an entity based in Hong Kong were alleged to be non-compliant with Foreign Trade Policy (FTP) and other laws. The Tribunal held that import of 'old and used computer parts' is not barred from being brought into a special economic zone (SEZ). No bill of entry was filed, and there was no evidence of intent to clear goods into the domestic tariff area (DTA) inappropriately. SEZs are deemed outside the customs territory under the Special Economic Zone Act, 2005. The Customs Act, 1962 applies only for imports contrary to authorized operations or upon removal from SEZ without paying duty or violating import prohibitions. The Special Economic Zone Act prevails in case of conflict. The finding of confiscation u/s 111 of Customs Act and penalty u/s 112 were erroneous. The impugned order was set aside, and the appeal was allowed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4891 
