Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Service...
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The CESTAT allowed the appeal against the imposition of redemption fine u/s 125 of the Customs Act, 1962. The Tribunal held that when the exported goods are unavailable, confiscation cannot be ordered, and consequently, no redemption fine can be imposed. The redemption fine is conditional upon the assessee seeking redemption of the confiscated goods by paying the fine. Since the exported rice was unavailable, there was no question of redemption, rendering the redemption fine imposition incorrect and illegal. The matter was remanded to the adjudicating authority for reconsideration.
The CESTAT allowed the appeal against the imposition of redemption fine u/s 125 of the Customs Act, 1962. The Tribunal held that when the exported goods are unavailable, confiscation cannot be ordered, and consequently, no redemption fine can be imposed. The redemption fine is conditional upon the assessee seeking redemption of the confiscated goods by paying the fine. Since the exported rice was unavailable, there was no question of redemption, rendering the redemption fine imposition incorrect and illegal. The matter was remanded to the adjudicating authority for reconsideration.
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