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 relief for Strait of Hormuz maritime disruptions remains available, with existing conditions continuing unchanged through the extended validit...
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This case deals with the classification of handcrafted stone articles like 'Chakla Belan' (rolling board and pin), mortar, pestle, etc. for export under the Merchandise Exports from India Scheme (MEIS). The key points are: Self-assessment procedure under Customs Act empowers authorities to verify valuation, classification, exemptions, etc. The exporters classified the goods under ITC(HS) 68159990, entitling 5-7% MEIS rewards. Authorities later objected, alleging misclassification to claim higher rewards. The HC examined the scope of assessment, audit, and recovery powers under Customs Act and Foreign Trade (Development & Regulation) Act/Rules. It held customs cannot question MEIS certificates issued by DGFT without DGFT's adjudication on validity. Section 28AAA requires collusion/misstatement for recovery, not mere classification dispute. The HC quashed the objections, stating classification fell under DGFT's purview as per FTP provisions. It directed refund of amounts deposited by exporters but left it open for DGFT to initiate proceedings on MEIS certificate validity if permissible. The ruling balanced customs' assessment powers with DGFT's authority over export promotion schemes.
This case deals with the classification of handcrafted stone articles like 'Chakla Belan' (rolling board and pin), mortar, pestle, etc. for export under the Merchandise Exports from India Scheme (MEIS). The key points are: Self-assessment procedure under Customs Act empowers authorities to verify valuation, classification, exemptions, etc. The exporters classified the goods under ITC(HS) 68159990, entitling 5-7% MEIS rewards. Authorities later objected, alleging misclassification to claim higher rewards. The HC examined the scope of assessment, audit, and recovery powers under Customs Act and Foreign Trade (Development & Regulation) Act/Rules. It held customs cannot question MEIS certificates issued by DGFT without DGFT's adjudication on validity. Section 28AAA requires collusion/misstatement for recovery, not mere classification dispute. The HC quashed the objections, stating classification fell under DGFT's purview as per FTP provisions. It directed refund of amounts deposited by exporters but left it open for DGFT to initiate proceedings on MEIS certificate validity if permissible. The ruling balanced customs' assessment powers with DGFT's authority over export promotion schemes.
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