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...
A HC set aside CESTAT's order granting provisional release of goods because it was non-speaking and did not address the Customs Department's objections, including the absence of BIS certificates for the subject goods. The court held that an order affecting release could not stand without reasons dealing with the objections raised. It quashed the miscellaneous order and directed the Tribunal to decide the pending customs appeal expeditiously on merits, while recording the Department's undertaking not to destroy or alienate the goods until disposal of the appeal.
A HC set aside CESTAT's order granting provisional release of goods because it was non-speaking and did not address the Customs Department's objections, including the absence of BIS certificates for the subject goods. The court held that an order affecting release could not stand without reasons dealing with the objections raised. It quashed the miscellaneous order and directed the Tribunal to decide the pending customs appeal expeditiously on merits, while recording the Department's undertaking not to destroy or alienate the goods until disposal of the appeal.
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