Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
Specified income of Baddi Barotiwala Nalagarh Development Authority receives conditional tax exemption, retrospectively covering its designated assess...
Specified development authority income receives retrospective tax exemption, subject to non-commercial activity, unchanged income sources, and return-...
CESTAT held that the relevant date for determination of duty under Section 15(1)(a) was the date of filing of the bills of entry, because the bills were filed after entry inwards and were not advance bills of entry. Notification No. 21/2022-Cus. was therefore unavailable when duty liability crystallised, and the importer could not invoke a later exemption by choice. The proviso concerning bills of entry presented before entry inwards was inapplicable on the facts. The Tribunal also held that substitution under Section 46(5) was discretionary and could be refused where it would prejudice revenue; no arbitrariness was shown. The refusal to substitute the bills of entry into warehousing bills was upheld.
CESTAT held that the relevant date for determination of duty under Section 15(1)(a) was the date of filing of the bills of entry, because the bills were filed after entry inwards and were not advance bills of entry. Notification No. 21/2022-Cus. was therefore unavailable when duty liability crystallised, and the importer could not invoke a later exemption by choice. The proviso concerning bills of entry presented before entry inwards was inapplicable on the facts. The Tribunal also held that substitution under Section 46(5) was discretionary and could be refused where it would prejudice revenue; no arbitrariness was shown. The refusal to substitute the bills of entry into warehousing bills was upheld.
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