Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
The appellant filed a shipping bill and paid export duty on iron ore fines on 05.12.2008, before the issuance of Notification No. 129/2008-Cus dated 07.12.2008 granting exemption. As per Section 51 read with Section 16(1)(a) of the Customs Act, 1962 and the Bombay HC judgment in Narayan Bandekar & Sons Pvt. Ltd., the relevant date for duty determination is the date of order u/s 51, i.e., 05.12.2008. Since the notification came later, the appellant is not entitled to the exemption benefit. The CESTAT dismissed the appeal.
The appellant filed a shipping bill and paid export duty on iron ore fines on 05.12.2008, before the issuance of Notification No. 129/2008-Cus dated 07.12.2008 granting exemption. As per Section 51 read with Section 16(1)(a) of the Customs Act, 1962 and the Bombay HC judgment in Narayan Bandekar & Sons Pvt. Ltd., the relevant date for duty determination is the date of order u/s 51, i.e., 05.12.2008. Since the notification came later, the appellant is not entitled to the exemption benefit. The CESTAT dismissed the appeal.
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