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...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Entitlement to nil basic customs duty under the ASEAN preferential notification requires accepting a valid Certificate of Origin when the importer furnishes prescribed documents and importing Customs do not conduct the mandated verification or challenge authenticity. The legal effect clarified is that importing Customs must refer doubts to the issuing authority; failure to verify or merely presumptive rejection does not justify denial of preferential exemption, and invocation of verification powers was held improper where no inquiry occurred. Consequently, denial of nil BCD based solely on procedural assumptions is unsustainable and the preferential exemption must be granted where authenticity is not disproved on record.
Entitlement to nil basic customs duty under the ASEAN preferential notification requires accepting a valid Certificate of Origin when the importer furnishes prescribed documents and importing Customs do not conduct the mandated verification or challenge authenticity. The legal effect clarified is that importing Customs must refer doubts to the issuing authority; failure to verify or merely presumptive rejection does not justify denial of preferential exemption, and invocation of verification powers was held improper where no inquiry occurred. Consequently, denial of nil BCD based solely on procedural assumptions is unsustainable and the preferential exemption must be granted where authenticity is not disproved on record.
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