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...
Cross-objections were held maintainable under Section 129A(4) of the Customs Act despite withdrawal of the departmental appeal, because they operate as an independent proceeding once filed. On merits, the imported vehicle was declared used but found brand new, and non-compliance with import policy and motor vehicle requirements justified confiscation under Section 111(d). However, the goods were treated as regulatory-breach goods rather than absolutely prohibited goods, so absolute confiscation was found excessive. The Tribunal therefore allowed redemption on payment of fine, applicable duty and interest, while leaving the reduced penalty undisturbed.
Cross-objections were held maintainable under Section 129A(4) of the Customs Act despite withdrawal of the departmental appeal, because they operate as an independent proceeding once filed. On merits, the imported vehicle was declared used but found brand new, and non-compliance with import policy and motor vehicle requirements justified confiscation under Section 111(d). However, the goods were treated as regulatory-breach goods rather than absolutely prohibited goods, so absolute confiscation was found excessive. The Tribunal therefore allowed redemption on payment of fine, applicable duty and interest, while leaving the reduced penalty undisturbed.
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