Unlawful outward remittances via Hawala using proforma invoices and electronic records proved; documents admitted, directors penalised, penalties redu...
Attachment of equivalent-value properties as proceeds of crime upheld; preventive attachment order and confirmation sustained; no independent ED reinv...
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Duty paid under protest in a customs classification dispute became refundable once the classification was finally decided in the importer's favour, and the refund followed as a natural consequence of the adjudication. The Tribunal held that money collected and retained contrary to law could not be kept without compensating the importer by way of interest, especially where the Revenue had enjoyed the benefit of the deposit from the date of import. It rejected the Revenue's reliance on authorities dealing with different factual settings and upheld the appellate order granting interest on the refunded amount, dismissing the Revenue's appeal.
Duty paid under protest in a customs classification dispute became refundable once the classification was finally decided in the importer's favour, and the refund followed as a natural consequence of the adjudication. The Tribunal held that money collected and retained contrary to law could not be kept without compensating the importer by way of interest, especially where the Revenue had enjoyed the benefit of the deposit from the date of import. It rejected the Revenue's reliance on authorities dealing with different factual settings and upheld the appellate order granting interest on the refunded amount, dismissing the Revenue's appeal.
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