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 show cause notice for customs duty recovery was legally maintainable under Section 28 even though the bill of entry and out-of-charge order had not been separately challenged, because short-levy could be pursued through statutory demand proceedings and the finality objection failed. On exemption, the Tribunal held that Boronated Calcium Nitrate is a distinct product from Calcium Nitrate under the Fertiliser (Control) Order, with different composition and solubility requirements; therefore the importer did not satisfy Entry No. 225(I)(b) of Notification No. 50/2017-Cus. Applying strict construction of exemption notifications, the concessional duty claim was rejected and the duty demand with interest was sustained.
A show cause notice for customs duty recovery was legally maintainable under Section 28 even though the bill of entry and out-of-charge order had not been separately challenged, because short-levy could be pursued through statutory demand proceedings and the finality objection failed. On exemption, the Tribunal held that Boronated Calcium Nitrate is a distinct product from Calcium Nitrate under the Fertiliser (Control) Order, with different composition and solubility requirements; therefore the importer did not satisfy Entry No. 225(I)(b) of Notification No. 50/2017-Cus. Applying strict construction of exemption notifications, the concessional duty claim was rejected and the duty demand with interest was sustained.
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