Prior Sanction Requirement: absence of prescribed approval invalidates reassessment notice; limitation also bars notice if escaped income below thresh...
Eligibility for exemption depends on strict construction of the product description; reapers without binder are ineligible, but confiscation and penal...
Customs jurisdiction defined for Principal Commissioner, Vishakhapatnam, covering specified ports, districts and India's adjacent EEZ; effective on pu...
A concession-based statement in Amba Lal was treated as non-binding because the Supreme Court had not independently decided the legal issue, so it could not govern the appellant's claim for release of imported goods for home consumption. The Tribunal then applied the principle that a beneficial amending notification operates retrospectively: although confiscation and penalty were justified when the goods were prohibited, the later notification changed their status to restricted before the order was passed. Redemption should therefore have been allowed for home consumption, subject to payment of enhanced value, duty and interest, rather than confining the goods to re-export.
A concession-based statement in Amba Lal was treated as non-binding because the Supreme Court had not independently decided the legal issue, so it could not govern the appellant's claim for release of imported goods for home consumption. The Tribunal then applied the principle that a beneficial amending notification operates retrospectively: although confiscation and penalty were justified when the goods were prohibited, the later notification changed their status to restricted before the order was passed. Redemption should therefore have been allowed for home consumption, subject to payment of enhanced value, duty and interest, rather than confining the goods to re-export.
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