Permanent Establishment and Business Connection: foreign consultancy receipts not attributable where no fixed base or corporate veil piercing establis...
Limitation period commencement and procedural inquiry rules: identity-based limitation upheld; complaints by authorised public servants need not attra...
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.
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