Power to receive documentary evidence upheld; documents referred in complaint may be placed on record without amendment where omission was inadvertent...
Proof of foreign public documents requires originals or certified diplomatic/notarial copies; inspection must occur in-magna presence and cross-examin...
Prior Sanction Requirement: absence of prescribed approval invalidates reassessment notice; limitation also bars notice if escaped income below thresh...
Eligibility for exemption depends on strict construction of the product description; reapers without binder are ineligible, but confiscation and penal...
The article addresses whether aircraft imported under the conditional exemption permitting non-scheduled passenger services may be used for non-scheduled charter services; applying the larger-bench precedent, it concludes such use does not breach the exemption condition and therefore denial of exemption, demand of duty, confiscation and penalties were unjustified and set aside. The operative legal point is that permitted non-scheduled passenger operation encompasses non-scheduled charter operation for purposes of the conditional relief, removing the basis for fiscal consequences previously imposed.
The article addresses whether aircraft imported under the conditional exemption permitting non-scheduled passenger services may be used for non-scheduled charter services; applying the larger-bench precedent, it concludes such use does not breach the exemption condition and therefore denial of exemption, demand of duty, confiscation and penalties were unjustified and set aside. The operative legal point is that permitted non-scheduled passenger operation encompasses non-scheduled charter operation for purposes of the conditional relief, removing the basis for fiscal consequences previously imposed.
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