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...
A custodian under customs law is liable for pilferage only if imported goods are shown to have been lost or substituted while in its custody. Where sealed containers move on a said-to-contain basis and the examination reports show intact seals, or no tampering, a mere mismatch between the import manifest and the goods found does not prove pilferage or substitution during custody. On the facts, the tribunal found no evidence that the containers were tampered with while with the custodian, so the duty demand raised on custodian liability and the related penalties were unsustainable and were set aside.
A custodian under customs law is liable for pilferage only if imported goods are shown to have been lost or substituted while in its custody. Where sealed containers move on a said-to-contain basis and the examination reports show intact seals, or no tampering, a mere mismatch between the import manifest and the goods found does not prove pilferage or substitution during custody. On the facts, the tribunal found no evidence that the containers were tampered with while with the custodian, so the duty demand raised on custodian liability and the related penalties were unsustainable and were set aside.
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