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...
Cash recovered from the appellant's possession was held to be tangible movable property and capable of constituting benami property under the PBPT Act, which covers movable as well as immovable assets. The Tribunal rejected the argument that a benami transaction requires three parties, holding that a benamidar and beneficial owner alone are sufficient under the statutory scheme. It further found that Section 2(9)(D) applied because the persons allegedly providing the cash were not traceable and the source of consideration remained unexplained. The appellant's willingness to offer the amount to tax did not bar PBPT proceedings, as the Act operates independently of the Income-tax Act. The provisional attachment was upheld and the appeal dismissed.
Cash recovered from the appellant's possession was held to be tangible movable property and capable of constituting benami property under the PBPT Act, which covers movable as well as immovable assets. The Tribunal rejected the argument that a benami transaction requires three parties, holding that a benamidar and beneficial owner alone are sufficient under the statutory scheme. It further found that Section 2(9)(D) applied because the persons allegedly providing the cash were not traceable and the source of consideration remained unexplained. The appellant's willingness to offer the amount to tax did not bar PBPT proceedings, as the Act operates independently of the Income-tax Act. The provisional attachment was upheld and the appeal dismissed.
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