Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
Debit of MEIS duty credit scrips was treated as valid discharge of past customs duty liability for Education Cess and Secondary & Higher Education Cess on imported goods. The Tribunal read clause 11 of CBIC Circular No. 02/2020-Cus as reflecting a broader principle that past payments made through duty credit scrips should not be disturbed and must be accepted as duty already collected. Relying on prior decisions, it held that such cess components formed part of customs duty and could not be recovered again in cash for past imports. In the absence of suppression, fraud, or misdeclaration, any further cash demand would amount to impermissible double recovery.
Debit of MEIS duty credit scrips was treated as valid discharge of past customs duty liability for Education Cess and Secondary & Higher Education Cess on imported goods. The Tribunal read clause 11 of CBIC Circular No. 02/2020-Cus as reflecting a broader principle that past payments made through duty credit scrips should not be disturbed and must be accepted as duty already collected. Relying on prior decisions, it held that such cess components formed part of customs duty and could not be recovered again in cash for past imports. In the absence of suppression, fraud, or misdeclaration, any further cash demand would amount to impermissible double recovery.
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