Search and seizure: abatement of earlier search bars use of prior seized material in later search-based assessments; relief limited to new documents f...
Admission of additional evidence under remand rules must await a meaningful remand report; failure to do so breaches natural justice and mandates rema...
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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