Functional comparability under TNMM: broadcasters excluded, software distributors included, and no separate interest on receivables after working capi...
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HC allowed the petition challenging wrongful detention of perishable Kiwi fruit consignment. The Court found Customs authorities illegally withheld goods, causing significant damage to 25% of the shipment. Despite multiple court orders, authorities failed to facilitate timely clearance. The Court mandated full refund of import duty with 6% interest, awarded Rs. 50 lakhs compensation for negligence, and directed immediate release of the consignment. The ruling emphasized the need for sensitive handling of time-sensitive imported goods and held that technical procedural errors cannot justify complete loss of perishable merchandise.
HC allowed the petition challenging wrongful detention of perishable Kiwi fruit consignment. The Court found Customs authorities illegally withheld goods, causing significant damage to 25% of the shipment. Despite multiple court orders, authorities failed to facilitate timely clearance. The Court mandated full refund of import duty with 6% interest, awarded Rs. 50 lakhs compensation for negligence, and directed immediate release of the consignment. The ruling emphasized the need for sensitive handling of time-sensitive imported goods and held that technical procedural errors cannot justify complete loss of perishable merchandise.
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