Transferable duty credit scrips validity and bona fide transferee entitlement to exemption upheld where scrips were subsisting at import, appeals allo...
Classification of knocked down motor vehicle component imports: Notification benefit denied because items are standalone non kit parts requiring subst...
Reassessment against a deceased assessee: procedural defect mandates fresh reassessment; nonresponsive petitioner may be treated as legal representati...
Customs authorities lacked jurisdiction to reopen or demand duty on alleged wrongful availment of MEIS benefits while the DGFT scrips remained valid and subsisting. The Court held that such incentives arise under the foreign trade policy and must be dealt with by the licensing authority; Section 28 and Section 28AAA of the Customs Act were wrongly invoked because the case did not involve imported goods or any short levy, short payment, non-levy, or non-payment of duty. A penalty under Section 114AA against the customs broker also failed because a mere misdescription in classification, without wilful intent, does not establish mens rea. The Tribunal's order and the penalty were set aside.
Customs authorities lacked jurisdiction to reopen or demand duty on alleged wrongful availment of MEIS benefits while the DGFT scrips remained valid and subsisting. The Court held that such incentives arise under the foreign trade policy and must be dealt with by the licensing authority; Section 28 and Section 28AAA of the Customs Act were wrongly invoked because the case did not involve imported goods or any short levy, short payment, non-levy, or non-payment of duty. A penalty under Section 114AA against the customs broker also failed because a mere misdescription in classification, without wilful intent, does not establish mens rea. The Tribunal's order and the penalty were set aside.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4817 
Join Channel 
