Person chargeable with duty must be the importer at importation; subsequent purchasers cannot be held liable where beneficial owner rules did not appl...
Prohibited importation of cosmetics without prior regulatory registration attracts seizure and confiscation; warehousing or re export claims do not cu...
Provisional release on security permitted where cash deposit plus bond secures differential duty; classification and treaty benefits referred for deci...
The High Court held that the Settlement Commission cannot reopen or rectify its concluded settlement order under Section 154 to impose interest under Section 234B, following Supreme Court precedent. The Commission's rectification order rectifying the settlement order passed under Section 245D(4) was quashed as invalid, and the consequent demand notice was set aside. The court rejected Revenue's submission that interest should be levied from intimation under Section 143(1) until admission, holding that reopening concluded proceedings indirectly would contravene the settled rule against such reopening. Writ petition allowed.
The High Court held that the Settlement Commission cannot reopen or rectify its concluded settlement order under Section 154 to impose interest under Section 234B, following Supreme Court precedent. The Commission's rectification order rectifying the settlement order passed under Section 245D(4) was quashed as invalid, and the consequent demand notice was set aside. The court rejected Revenue's submission that interest should be levied from intimation under Section 143(1) until admission, holding that reopening concluded proceedings indirectly would contravene the settled rule against such reopening. Writ petition allowed.
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