PMLA anticipatory bail requires satisfaction of twin conditions, while predicate-offence protection does not extend to independent money-laundering pr...
School-affiliation charges remain taxable where not directly connected with examinations, while extended limitation requires proof of deliberate tax e...
Concessional penalty for search-disclosed unreconciled jewellery applies where substantive disclosure conditions are met despite omission from origina...
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The CESTAT allowed the appeal, holding that duty recovery and penalties were unauthorised because the second proviso to the Notification had been omitted during the relevant period, thereby removing the statutory condition requiring the intermediary to execute a bond obliging export of equivalent gold within 120 days. Consequently, the revenue could not validly enforce the bond or invoke section 28AA to recover customs duty with interest; any demand premised on non-fulfilment of the deleted proviso lacked legal authority. Statements obtained under section 108 were held irrelevant for liability, the 2009 circular inapplicable, and penalties under sections 112 and 114AA (and recovery against partners/managers) unsustainable.
The CESTAT allowed the appeal, holding that duty recovery and penalties were unauthorised because the second proviso to the Notification had been omitted during the relevant period, thereby removing the statutory condition requiring the intermediary to execute a bond obliging export of equivalent gold within 120 days. Consequently, the revenue could not validly enforce the bond or invoke section 28AA to recover customs duty with interest; any demand premised on non-fulfilment of the deleted proviso lacked legal authority. Statements obtained under section 108 were held irrelevant for liability, the 2009 circular inapplicable, and penalties under sections 112 and 114AA (and recovery against partners/managers) unsustainable.
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