Fraudulently obtained SEIS scrips cannot support customs exemption; recovery, confiscation and penalties were sustained, but employee penalty fell awa...
Import of Technical Grade Urea through a State Trading Enterprise remained compliant with the import policy even after the goods were sold on high seas to the appellant and the appellant filed the Bill of Entry for clearance. The Tribunal followed its earlier rulings that the policy required import through the State Trading Enterprise, not direct import by the end-user, so the appellant's role in clearance did not make the import unlawful. As the import was not contrary to law, confiscation was unwarranted and the consequential penalty could not survive. The Revenue's reliance on a different precedent was rejected as factually and legally distinguishable.
Import of Technical Grade Urea through a State Trading Enterprise remained compliant with the import policy even after the goods were sold on high seas to the appellant and the appellant filed the Bill of Entry for clearance. The Tribunal followed its earlier rulings that the policy required import through the State Trading Enterprise, not direct import by the end-user, so the appellant's role in clearance did not make the import unlawful. As the import was not contrary to law, confiscation was unwarranted and the consequential penalty could not survive. The Revenue's reliance on a different precedent was rejected as factually and legally distinguishable.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4807 
Join Channel 
