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...
Mere misclassification of imported goods in the Bill of Entry did not, by itself, amount to misdeclaration under section 111(m) or make the goods liable to confiscation. The Tribunal held that penalty under section 112(a)(ii) is sustainable only where the goods are first liable to confiscation under section 111; in the absence of confiscability, the penalty had no legal basis. Even if the goods were wrongly self-assessed or classified, that did not establish liability to confiscation on the facts considered. The penalty was therefore set aside.
Mere misclassification of imported goods in the Bill of Entry did not, by itself, amount to misdeclaration under section 111(m) or make the goods liable to confiscation. The Tribunal held that penalty under section 112(a)(ii) is sustainable only where the goods are first liable to confiscation under section 111; in the absence of confiscability, the penalty had no legal basis. Even if the goods were wrongly self-assessed or classified, that did not establish liability to confiscation on the facts considered. The penalty was therefore set aside.
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