Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
Business reorganisation requires recognition of successor's modified return; draft orders against dissolved transferor quashed and fresh review direct...
Section 110A permits provisional release of seized goods pending adjudication, and an absolute refusal is not justified merely because the department alleges the goods are prohibited or deemed prohibited for regulatory non-compliance. The Tribunal noted that the imported second-hand specialised machines were not finally determined to be prohibited at that stage, and objections to the Chartered Engineer's certificate and to their classification as HSE were matters for adjudication. In the absence of any demonstrated public interest, health or safety concern, denial of provisional release solely on alleged prohibition was unsustainable. Provisional release was directed on payment of duty, execution of a bond for the value of the goods, and a bank guarantee for 30% of the duty.
Section 110A permits provisional release of seized goods pending adjudication, and an absolute refusal is not justified merely because the department alleges the goods are prohibited or deemed prohibited for regulatory non-compliance. The Tribunal noted that the imported second-hand specialised machines were not finally determined to be prohibited at that stage, and objections to the Chartered Engineer's certificate and to their classification as HSE were matters for adjudication. In the absence of any demonstrated public interest, health or safety concern, denial of provisional release solely on alleged prohibition was unsustainable. Provisional release was directed on payment of duty, execution of a bond for the value of the goods, and a bank guarantee for 30% of the duty.
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