Assessment time-barred u/s 153 due to missing competent-authority reference for Singapore exchange of information; assessment disallowed as barred by ...
Imported menthol-scented sweet supari classification dispute: seizure quashed, release for home consumption subject to duty bond; bank guarantee refus...
CKD/SKD air-conditioner components classifiable with finished units by essential character; prior advance ruling extended three years, FTA benefits po...
Scope of judicial review under Article 226: supervisory, not appellate; factual reappraisal barred, challenge dismissed; insolvency professional dutie...
Penalty under s.114A Customs Act was denied because the allegations of collusion, wilful misstatement, or suppression were not sustainable on the record or even properly justified in the SCN; the importer's inability to meet export obligation arose from lack of export orders, and duty plus interest were voluntarily paid prior to SCN with subsequent regularisation by DGFT. Consequently, the SCN was deemed to be under s.28(1) by operation of s.28(10B), and once duty and interest stood paid, s.28(2) barred issuance/continuance of SCN and, in any event, penalty was not imposable. The equal penalty was set aside and the appeal allowed. - CESTAT
Penalty under s.114A Customs Act was denied because the allegations of collusion, wilful misstatement, or suppression were not sustainable on the record or even properly justified in the SCN; the importer's inability to meet export obligation arose from lack of export orders, and duty plus interest were voluntarily paid prior to SCN with subsequent regularisation by DGFT. Consequently, the SCN was deemed to be under s.28(1) by operation of s.28(10B), and once duty and interest stood paid, s.28(2) barred issuance/continuance of SCN and, in any event, penalty was not imposable. The equal penalty was set aside and the appeal allowed. - CESTAT
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