Person chargeable with duty must be the importer at importation; subsequent purchasers cannot be held liable where beneficial owner rules did not appl...
Prohibited importation of cosmetics without prior regulatory registration attracts seizure and confiscation; warehousing or re export claims do not cu...
Provisional release on security permitted where cash deposit plus bond secures differential duty; classification and treaty benefits referred for deci...
Section 12AB(4) cancellation for specified violation is stated to operate prospectively from 01.04.2022, so a cancellation based on alleged breaches from FY 2014-15 was treated as retrospective application not permitted by the statute. The text further notes that reliance on section 12AA after its omission from 01.04.2021 was inconsistent with the statutory framework, and jurisdiction under section 12AB(4) could not arise without a specified violation after 01.04.2022. On merits, the alleged expenses were said to support religious and charitable objects, while valuation issues, accounting lapses and procedural defects did not establish non-genuineness or false information. The cancellation was therefore described as unsustainable.
Section 12AB(4) cancellation for specified violation is stated to operate prospectively from 01.04.2022, so a cancellation based on alleged breaches from FY 2014-15 was treated as retrospective application not permitted by the statute. The text further notes that reliance on section 12AA after its omission from 01.04.2021 was inconsistent with the statutory framework, and jurisdiction under section 12AB(4) could not arise without a specified violation after 01.04.2022. On merits, the alleged expenses were said to support religious and charitable objects, while valuation issues, accounting lapses and procedural defects did not establish non-genuineness or false information. The cancellation was therefore described as unsustainable.
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