Proceeds of crime and money laundering: PMLA prosecution requires subsisting predicate offence; discharge of predicate accused precludes further prose...
Validity of faceless assessment procedure challenged for jurisdictional AO intervention mid-remand, resulting in quashing of assessment for procedural...
Where Bills of Entry were assessed provisionally under s.18 of the Customs Act, the assessing authority was required to consider, at finalisation, the importer's claim for NIL duty at the preferential rate under the India-UAE CEPA notification, even if the benefit was not claimed at filing or at out-of-charge and even if the country-of-origin certificate was issued retrospectively, provided the notification conditions were otherwise satisfied. Treating the matter as governed by s.17 and refusing to apply precedent on provisional assessment was held erroneous. The finalisation order was set aside and the matter remanded to reconsider eligibility in light of the later CBIC Instruction No. 21/2024-Customs and the tribunal's observations - CESTAT
Where Bills of Entry were assessed provisionally under s.18 of the Customs Act, the assessing authority was required to consider, at finalisation, the importer's claim for NIL duty at the preferential rate under the India-UAE CEPA notification, even if the benefit was not claimed at filing or at out-of-charge and even if the country-of-origin certificate was issued retrospectively, provided the notification conditions were otherwise satisfied. Treating the matter as governed by s.17 and refusing to apply precedent on provisional assessment was held erroneous. The finalisation order was set aside and the matter remanded to reconsider eligibility in light of the later CBIC Instruction No. 21/2024-Customs and the tribunal's observations - CESTAT
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4821 
Join Channel 
