Classification of imported salvaged shaft pieces as ship parts confirmed, reassessment time-barred and appeal allowed restoring original classificatio...
Scope of intermediary status for data hosting services: tribunal finds provider not intermediary, services exported and not taxable, limited remand on...
CENVAT credit availability after omission of Rule 12B in textiles confirmed; late addendum to SCN introducing new grounds held time-barred and invalid...
Export of Wheat Flour and related products subject to online allocation, eligibility criteria, non-transferable six-month authorisations and reporting...
Challenge to imposition of a regulatory penalty under Regulation 18 for an alleged breach of the broker due diligence obligation in Regulation 10(m): the tribunal observed that parallel charges against others were dropped and the importer obtained relief, and that the adjudicator had adopted a lenient approach in related proceedings. Because the penalty rested on a finding that the broker knowingly fabricated or concealed the original contract and failed to exercise due diligence, which was undermined by the dropped charges and importer relief, the tribunal found the penalty unsustainable and set aside the order, allowing the appeal.
Challenge to imposition of a regulatory penalty under Regulation 18 for an alleged breach of the broker due diligence obligation in Regulation 10(m): the tribunal observed that parallel charges against others were dropped and the importer obtained relief, and that the adjudicator had adopted a lenient approach in related proceedings. Because the penalty rested on a finding that the broker knowingly fabricated or concealed the original contract and failed to exercise due diligence, which was undermined by the dropped charges and importer relief, the tribunal found the penalty unsustainable and set aside the order, allowing the appeal.
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