Maintainability of a Section 7 insolvency petition against a financial service provider denied; appeal dismissed for non maintainability and complex d...
Provisional attachment under Prevention of Money Laundering Act requires exhaustion of statutory remedies; impugned order set aside, appeal to tribuna...
Restoration of property under Prevention of Money Laundering Act after attachment dispute rendered academic; possession directed to successful resolut...
Classification turns on the functional capability of facsimile machines to connect to an Automatic Data Processing machine or network; the Department bears the burden of adducing technical evidence to support an adverse tariff entry and failed to do so, so the importer's classification under CTH 8443 3260 was accepted. An adverse departmental circular cannot be given retrospective effect when it operates against an importer; prospective application was required. Where classification is a bona fide interpretation without suppression or willful misstatement, extended limitation and penalty are not sustainable, and the demand and penalty were set aside.
Classification turns on the functional capability of facsimile machines to connect to an Automatic Data Processing machine or network; the Department bears the burden of adducing technical evidence to support an adverse tariff entry and failed to do so, so the importer's classification under CTH 8443 3260 was accepted. An adverse departmental circular cannot be given retrospective effect when it operates against an importer; prospective application was required. Where classification is a bona fide interpretation without suppression or willful misstatement, extended limitation and penalty are not sustainable, and the demand and penalty were set aside.
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