Customs valuation and import permissibility conflict resolved: accepted enhancement of transaction value removes liability for confiscation and penalt...
Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
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Redemption fine imposed under s.125 of the Customs Act for import of a used car in violation of Foreign Trade Policy conditions was waived because the importer declined to redeem the seized vehicle, citing its disfigured condition and lack of roadworthiness, and the tribunal accepted the prayer in the miscellaneous application. Penalty under s.112(a) was legally leviable for the unauthorised import, but was reduced on equitable consideration that the import occurred without awareness of applicable import laws and under exceptional personal circumstances compelling the importer's return to India; the appeal was partly allowed to that extent. - CESTAT
Redemption fine imposed under s.125 of the Customs Act for import of a used car in violation of Foreign Trade Policy conditions was waived because the importer declined to redeem the seized vehicle, citing its disfigured condition and lack of roadworthiness, and the tribunal accepted the prayer in the miscellaneous application. Penalty under s.112(a) was legally leviable for the unauthorised import, but was reduced on equitable consideration that the import occurred without awareness of applicable import laws and under exceptional personal circumstances compelling the importer's return to India; the appeal was partly allowed to that extent. - CESTAT
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