Person chargeable with duty must be the importer at importation; subsequent purchasers cannot be held liable where beneficial owner rules did not appl...
Prohibited importation of cosmetics without prior regulatory registration attracts seizure and confiscation; warehousing or re export claims do not cu...
Provisional release on security permitted where cash deposit plus bond secures differential duty; classification and treaty benefits referred for deci...
Customs Valuation Rule Sequence must be followed; single-comparator re-determination and penalties set aside without comparability or proof of mis-dec...
Rule 86A permits only a temporary restriction on debit of credit actually available in the Electronic Credit Ledger; it does not authorise the Commissioner or an authorised officer to create a negative balance by blocking more credit than stands to the taxpayer's account. The High Court also reiterated that prior show cause notice is not required before invoking Rule 86A, because the measure is preventive and intended for emergent situations, but that does not enlarge the statutory power. The impugned blocking beyond the available credit was unsustainable and was set aside, while the authorities were left free to pursue recovery through the statutory mechanisms available in law.
Rule 86A permits only a temporary restriction on debit of credit actually available in the Electronic Credit Ledger; it does not authorise the Commissioner or an authorised officer to create a negative balance by blocking more credit than stands to the taxpayer's account. The High Court also reiterated that prior show cause notice is not required before invoking Rule 86A, because the measure is preventive and intended for emergent situations, but that does not enlarge the statutory power. The impugned blocking beyond the available credit was unsustainable and was set aside, while the authorities were left free to pursue recovery through the statutory mechanisms available in law.
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