Provisional attachment under Prevention of Money Laundering Act requires exhaustion of statutory remedies; impugned order set aside, appeal to tribuna...
Restoration of property under Prevention of Money Laundering Act after attachment dispute rendered academic; possession directed to successful resolut...
Goods Transport Agency services via e commerce portals: consignment note creates custody and liability and enables exemption for unregistered recipien...
Reverse charge and assignment of royalty collection: exemption for excess royalty collectors subject to reconciliation; leaseholders remain liable und...
Whether customs duty was payable on re-imported pharmaceuticals cleared for destruction: held that Rule 31, Drugs and Cosmetics Rules, prohibits import of drugs with under 60% residual shelf life except where permitted solely for destruction, and such permission does not itself waive duty at customs. The proper course was assessment and demand of duty at clearance or invocation of section 23 Customs Act for remission by relinquishing title; the adjudicating authority failed to examine whether duty should have been levied or remission claimed. Because permission limited use to destruction, no penalty for illegal import arises; matter remanded for fresh adjudication on duty liability. - CESTAT
Whether customs duty was payable on re-imported pharmaceuticals cleared for destruction: held that Rule 31, Drugs and Cosmetics Rules, prohibits import of drugs with under 60% residual shelf life except where permitted solely for destruction, and such permission does not itself waive duty at customs. The proper course was assessment and demand of duty at clearance or invocation of section 23 Customs Act for remission by relinquishing title; the adjudicating authority failed to examine whether duty should have been levied or remission claimed. Because permission limited use to destruction, no penalty for illegal import arises; matter remanded for fresh adjudication on duty liability. - CESTAT
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