Disciplinary proportionality requires penalties for Authorised Representative misconduct to match proven harm, leading to reconsideration of registrat...
Political contribution deductions require genuine transactions; banking records and party registration alone cannot defeat evidence of accommodation e...
Post-death GST liability permits fresh proceedings against legal representatives, while discontinued-business recovery remains limited to the inherite...
Non-confirmation of FEMA seizure prevents adjudicators from overriding pending appellate findings on recorded reasons and suspected foreign asset hold...
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SC held that the encashment of bank guarantees does not constitute payment of customs duty under Section 27 of the Customs Act. The respondents arbitrarily encashed bank guarantees without legal authorization, which constitutes unjust retention of funds. The Court directed immediate refund of the encashed amounts with 6% interest from the date of encashment, to be repaid within four months. The impugned High Court judgment was set aside, and the appeals were allowed without cost, affirming that the respondents had no legal right to retain the appellant's funds.
SC held that the encashment of bank guarantees does not constitute payment of customs duty under Section 27 of the Customs Act. The respondents arbitrarily encashed bank guarantees without legal authorization, which constitutes unjust retention of funds. The Court directed immediate refund of the encashed amounts with 6% interest from the date of encashment, to be repaid within four months. The impugned High Court judgment was set aside, and the appeals were allowed without cost, affirming that the respondents had no legal right to retain the appellant's funds.
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