Person chargeable with duty must be the importer at importation; subsequent purchasers cannot be held liable where beneficial owner rules did not appl...
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Dispute concerns entitlement to customs duty exemption under Notification No.84/97-Cus where the department alleged wrongful availing based on forged Project Implementation Authorisation Certificate (PIAC), while the claimant contends absence of an assigned Line Ministry prevented lawful countersignature. The tribunal considered applicability of natural justice and the doctrine of prejudice, finding the appellant did not establish prejudice from prior opportunities but noting seriousness of fraud allegations. The matter is remitted for de novo adjudication: the original authority must allow filing of written submissions and afford a personal hearing before deciding entitlement to the exemption.
Dispute concerns entitlement to customs duty exemption under Notification No.84/97-Cus where the department alleged wrongful availing based on forged Project Implementation Authorisation Certificate (PIAC), while the claimant contends absence of an assigned Line Ministry prevented lawful countersignature. The tribunal considered applicability of natural justice and the doctrine of prejudice, finding the appellant did not establish prejudice from prior opportunities but noting seriousness of fraud allegations. The matter is remitted for de novo adjudication: the original authority must allow filing of written submissions and afford a personal hearing before deciding entitlement to the exemption.
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