Concessional Basic Customs Duty on Ethernet switches: classification as enterprise switches upheld, challenge dismissed for lack of substantial law qu...
Insolvency petition based on admitted debt and default upheld; challenge for malicious initiation rejected, settlement may proceed under resolution fr...
Quashing of FIR and challenge to ECIR over alleged diversion of funds and preferential ESOP pricing dismissed after prima facie money-laundering findi...
Regularization of bona fide default under the Foreign Trade Policy provisions operates to revise and restate the export obligation (EO) in the Advance Authorizations, and the quantum of EO is a licensing authority determination; consequently fulfilment of EO as accepted by the licensing authority precludes Customs from treating conditions in Customs notifications as separately violated. An Export Obligation Discharge Certificate (EODC) is conclusive evidence of EO fulfilment for recovery purposes and, where bonds securing authorizations have been cancelled, demands under Customs Act provision for recovery cannot be enforced, negating duty, interest, penalty and confiscation.
Regularization of bona fide default under the Foreign Trade Policy provisions operates to revise and restate the export obligation (EO) in the Advance Authorizations, and the quantum of EO is a licensing authority determination; consequently fulfilment of EO as accepted by the licensing authority precludes Customs from treating conditions in Customs notifications as separately violated. An Export Obligation Discharge Certificate (EODC) is conclusive evidence of EO fulfilment for recovery purposes and, where bonds securing authorizations have been cancelled, demands under Customs Act provision for recovery cannot be enforced, negating duty, interest, penalty and confiscation.
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