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Classification of specially designed GEHO slurry pump components depends on their sole or principal use where they may fall under more than one tariff heading. Pins, bolts, diaphragms, valves, gaskets, seals, bushes, liners and allied items manufactured exclusively for, and unusable with machines other than, the GEHO pump qualify as pump parts rather than parts of general use or independently classifiable rubber articles. The declared classification was sustained, while reclassification, differential duty, interest and penalties were set aside with consequential relief.
Bail in an investigation into alleged customs and anti-dumping duty evasion through invalid certificates of origin was granted because the key evidence was documentary, relevant records had been seized, and further verification of supplier correspondence and Bills of Lading could continue without custodial confinement. Concerns over evidence tampering were addressed through safeguards requiring cooperation with the investigation, attendance when summoned, non-tampering with evidence, passport surrender, and restrictions on foreign travel.
Accused already on bail should ordinarily receive summons before an arrest warrant is issued after a complaint is transferred to a Special Court. A warrant may follow only where circumstances justify it. Issuing a warrant without first summoning such accused is unlawful and liable to be set aside. The accused must appear on the next listed date; on default, the Trial Court may lawfully adopt measures to secure attendance.
Continuing failure to deliver possession of an allotted unit or refund amounts received constituted a continuing default, creating a continuing cause of action for a financial creditor's insolvency application. Inclusion of the creditor's claim in a settlement scheme operated as an acknowledgment of debt, preventing the claim from being treated as time-barred. The application therefore remained within limitation. Once the revival scheme was declared unworkable and parties were permitted to revive insolvency proceedings, objections based on the scheme's subsistence and parallel proceedings no longer survived. The corporate debtor's admission into insolvency consequently remained effective.
FERA penalty quantification must be reasoned, reasonable and proportionate to the contravention; the statutory maximum under Section 50 does not by itself justify the amount imposed. Where certain export-realisation contraventions were excluded and an RBI write-off was noted, retaining the original penalty without explaining its basis was disproportionate. A finding that the penalty was not harsh or excessive, without articulated quantification reasons, was insufficient. The penalty was therefore set aside and redetermined at a lower amount, with the appeal partly allowed.
Prolonged incarceration in a money-laundering prosecution may, in an appropriate case, outweigh the statutory twin conditions governing bail under the Prevention of Money-laundering Act. Bail was granted where the accused had remained in custody for over a year, was already on bail in the predicate offence, and investigation into that offence remained incomplete. Material examined in the money-laundering investigation included matters whose connection with tainted money and the predicate offence required trial determination. Release was made subject to safeguards, including passport surrender, travel restrictions, regular trial-court attendance, and non-contact with witnesses.
Quashing of predicate proceedings for lack of investigative jurisdiction removes the subsisting nexus required between alleged proceeds of crime and criminal activity relating to a scheduled offence. Where the predicate prosecution against a person is quashed in its entirety, and that order remains operative and unchallenged, the Enforcement Directorate cannot independently preserve or notionally revive the predicate offence for money-laundering proceedings. Proceedings against other accused cannot establish the missing statutory nexus attributable to that person. PMLA summons and consequential proceedings were quashed, with liberty to initiate fresh proceedings if the predicate prosecution is lawfully restored or revived.
Confirmation of provisional attachment in money-laundering proceedings requires a prima facie showing of involvement; final criminal liability remains for trial. Communications, statements, cash-delivery arrangements, overseas transactions and recovered material may establish active receipt and layering of proceeds of crime, without reliance solely on a co-accused's statement. A person asserting that funds were a loan must substantiate that claim where the reverse burden applies. Where proceeds of crime are unavailable because they have vanished or been laundered, other property representing their value may be attached, including property acquired before the crime period. The provisional attachment was sustained and the appeal dismissed.
Service-tax exemption for NSDC skill-development programmes requires the provider itself to meet the notification's specified approval condition. An associate learning centre serving an NSDC-approved training partner did not qualify, so the normal-period demand relating to PMKVY services remained. Education connected with university degree courses qualified for the Negative List exemption where it formed part of a curriculum leading to a qualification recognised by law; direct provision by a university was not required, and that demand was set aside. Extended limitation was unavailable because wilful suppression with intent to evade was not established, resulting in deletion of the extended-period demand.
Free home delivery of ready-to-eat food, involving preparation at the supplier's premises and delivery at a customer-specified time and place, was treated as a taxable service with a significant service element. From July 2012, supplying food for human consumption in this manner fell within declared services and also within the earlier concept of outdoor catering. Service tax was consequently sustainable for the normal limitation period. The extended limitation period and related penalty were not sustainable because the supplier was registered, filed ST-3 returns, paid service tax, and the allegations arose from its own records, with no evidence of suppression intended to evade tax.
Appealability of Tribunal directions under Rule 41 is limited: a procedural or implementation direction intended to give effect to a final order is not an order passed in appeal and falls outside Section 35G appellate jurisdiction. Rule 41 permits consequential directions, including compensatory interest, where necessary to implement a final refund order. Service tax paid for laying potable-water pipelines for a State agency's public-welfare project was treated as paid under a mistake of law rather than as duty, displacing duty-refund limitation requirements. Interest runs from three months after the original refund application, not later supporting documents; statutory delayed-duty refund rate limits do not govern compensatory interest.
Rechargeable lanterns, emergency lamps and study lamps with built-in rechargeable batteries fall under CETH 8513 1090 as portable electric lamps with a self-contained electricity source. Connection to AC mains solely to recharge the batteries does not convert them into lamps operating from an external fixed power source under CETH 9405 2010. Where the revised classification was disclosed to the Department through intimation and monthly ER-1 returns, and the dispute arose from tariff interpretation following audit, suppression is not established. The extended limitation period and penalties therefore do not apply; differential duty and interest remain sustainable only for the non-time-barred period, subject to the portion already set aside.
Separate arraignment of a sole proprietary concern is unnecessary for a cheque-dishonour complaint against its proprietor. Statutory vicarious criminal liability applies where the drawer is a juristic entity distinct from the individuals sought to be held responsible for its affairs. A sole proprietorship has no legal existence separate from its proprietor; use of a trade name or maintenance of a bank account in that name does not create a separate legal person. Accordingly, proceedings may continue against the proprietor in that capacity without impleading the proprietary concern separately, while questions concerning the underlying liability and defences remain for trial.
Customs & Trade
Dated:- 9-9-2026
PTI
United States trade measures prohibit Canadian dairy products, most alcoholic beverages and motorcycles, and exclude Canadian products from large, long-term government contracts until full and fair reciprocity is available for American products. Canada has imposed retaliatory tariffs on hundreds of American goods, maintaining that countermeasures are necessary where Canadian businesses face United States tariffs. The dispute has prompted Canada to pursue domestic investment, infrastructure development and trade diversification, including exploration of closer European Union cooperation.
Customs & Trade
Dated:- 9-9-2026
PTI
Government procurement reciprocity has been invoked to make Canadian products ineligible for large, long-term United States government contracts until "full and fair reciprocity" is afforded to American products. Canada has imposed retaliatory tariffs on hundreds of American products to prevent tariff-free entry of those goods while Canadian businesses remain subject to United States tariffs. Canada also identifies trade diversification, domestic investment, infrastructure development and deeper European Union cooperation as measures to reduce economic dependence and preserve policy autonomy.
Refund of input tax credit under an inverted duty structure is queried where corrugated boxes are taxable at 5%, while paper, paper sheets and outsourced punching, printing and laminating services attract 18% GST. The issue concerns whether restrictions apply to refund of input tax credit attributable to job-work services.
Angel Funds registered on or before September 10, 2025 must implement the Accredited Investor mandate by March 31, 2027, extending the previous compliance deadline. Until that date, they may offer investment opportunities to no more than 200 non-accredited investors. From March 31, 2027, these Angel Funds must not accept non-accredited investor contributions for investments in investee companies. Existing investors may continue to hold investments already made, subject to the fund's PPM and fund documents. All other provisions governing Angel Funds under Chapter 8 of the AIF Master Circular remain unchanged, and the revised timeline applies immediately.
Open API integration on the Trade Connect e-Platform enables eligible exporters to connect ERP, accounting and other systems with the Certificate of Origin process for electronic application submission, certificate issuance and verification. DGFT prescribes onboarding credentials, public-IP whitelisting, PBKDF2 password protection, token-based authentication and digital signing of requests and responses using SHA-256 RSA signatures and 2048-bit X.509 certificates. Access tokens may be reused during their 60-minute validity. Exporters must submit prescribed applicant, certificate, invoice, product, shipment, supporting-document and declaration data through the CoO File API, with agreement-specific validation of origin criteria and shipment r.....
Foreign Portfolio Investors (FPIs) investing only in Government Securities are no longer required to furnish investor group details. The exemption, previously limited to investments exclusively in Government Securities under the Fully Accessible Route, now applies to all FPIs investing only in Government Securities, including through the General Route. The change follows withdrawal of the concentration-limit requirement for Government Securities investments through the General Route, making investor-group identification unnecessary. Depositories, custodians and designated depository participants must update their systems accordingly. The revised compliance requirement takes effect immediately.
CSR funds received by a Section 8 charitable institution are generally permissible where the recipient is an eligible implementing agency and directly applies them to an approved project within permissible CSR activities and its charitable objects. Proper approvals, project arrangements, expenditure records, beneficiary details and utilisation evidence are required. Onward transfer to another institution requires a documented implementation arrangement, recipient eligibility, authority for transfer, monitoring and proof of actual utilisation; charitable status alone is insufficient. An assessment information notice verifies the payment and utilisation trail and does not itself establish a violation.