Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Import of ferrous waste, scrap and re-melting scrap from Dubai/UAE was held to be freely permitted under Indian law, so confiscation could not rest on any alleged Foreign Trade Policy violation. The importer had produced the invoice, packing list, certificate of origin, bill of lading, pre-shipment inspection certificate and container tracking, and no misdeclaration was established on record. The Tribunal further held that a DGFT office memorandum could not retrospectively invalidate a valid PSIC issued by the PSIA. Since the inspection occurred after Dubai Customs Notice 08/2022 had ceased and before Notice 05/2023 was issued, there was no operative export ban at that time. Redemption fine and penalty were therefore set aside.
Import of ferrous waste, scrap and re-melting scrap from Dubai/UAE was held to be freely permitted under Indian law, so confiscation could not rest on any alleged Foreign Trade Policy violation. The importer had produced the invoice, packing list, certificate of origin, bill of lading, pre-shipment inspection certificate and container tracking, and no misdeclaration was established on record. The Tribunal further held that a DGFT office memorandum could not retrospectively invalidate a valid PSIC issued by the PSIA. Since the inspection occurred after Dubai Customs Notice 08/2022 had ceased and before Notice 05/2023 was issued, there was no operative export ban at that time. Redemption fine and penalty were therefore set aside.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4807 
Join Channel 
