Condonation of Delay: Tribunal directed condonation where rectification proceedings were pursued, ordering merits adjudication after opportunity to be...
Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
Confiscation for misdeclaration of exported gold was sustained under the provision addressing false declarations, because the declared gold content materially exceeded assay results and the exporter admitted misdeclaration; those 244 bangles remain confiscable but are ordered redeemable on payment of a fine equal to 10% of value and a reduced penalty under the penalty provision. By contrast, confiscation of duty free imported gold under the liberalized 20:80 scheme was set aside: such conditionally exempt goods, when not exported, attract duty liability under the scheme but do not constitute prohibited goods for confiscation.
Confiscation for misdeclaration of exported gold was sustained under the provision addressing false declarations, because the declared gold content materially exceeded assay results and the exporter admitted misdeclaration; those 244 bangles remain confiscable but are ordered redeemable on payment of a fine equal to 10% of value and a reduced penalty under the penalty provision. By contrast, confiscation of duty free imported gold under the liberalized 20:80 scheme was set aside: such conditionally exempt goods, when not exported, attract duty liability under the scheme but do not constitute prohibited goods for confiscation.
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