Benami transaction and beneficial ownership: documentary and circumstantial evidence show payors were true beneficiaries, resulting in PBPTA consequen...
Denial of Preferential Treatment under SAFTA overturned where unchallenged Country of Origin certificate warranted exemption under Notification benefi...
Continuing offence of money-laundering: discharge set aside and proceedings reinstated where laundering continued after inclusion of predicate offence...
Anti dumping duty cannot be levied on imports made during the interregnum between lapse of provisional measures and issuance of a final notification: the Tribunal applied the Supreme Court ratio in G.M. Exports to hold Rule 20(2)(a) cannot extend provisional duty beyond mandatory time limits and retrospective levy for the gap period is impermissible; imports on 04.06.2011 thus were not liable. Delay in finalisation did not vitiate assessment because no statutory time bar or consequences existed then. The Tribunal also held regular benches retain jurisdiction over assessment and legal issues under the statutory scheme.
Anti dumping duty cannot be levied on imports made during the interregnum between lapse of provisional measures and issuance of a final notification: the Tribunal applied the Supreme Court ratio in G.M. Exports to hold Rule 20(2)(a) cannot extend provisional duty beyond mandatory time limits and retrospective levy for the gap period is impermissible; imports on 04.06.2011 thus were not liable. Delay in finalisation did not vitiate assessment because no statutory time bar or consequences existed then. The Tribunal also held regular benches retain jurisdiction over assessment and legal issues under the statutory scheme.
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