Since the time immemorial, man has had a sense of business and in modern times, a person with faintest of transacting acumen, first thinks about starting a small business/proprietary concern eventually leading into a mammoth Company. As it grows, he… Continue Reading
Before initiating the discussion , it is apt to quote reference made by the Apex Court regarding unjust enrichment in the case of Mafatlal Industries Ltd and others Vs Union of India & others -1997 (89) E.L.T. 247 (S.C.). “The… Continue Reading
Imposition of Redemption Fine at time assumes debate under certain circumstances. Accordingly, whether imposition of Redemption Fine is justified when the Imported Goods are Cleared under the Conditions of Notifications such as Advance Authorization(DEEC) and EPCG etc. needs a critical… Continue Reading
Imposition of Penalty on Customs Broker/CHA is something that warrants hands on expertise on those responsible for deciding. Wrong application might harm the interest of a vital pillar of country’s trade. Customs Brokers are engaged by the importer/exporter for clearance… Continue Reading
Scope of Penalty for Escape of Duty is an interesting read for those love viewing things laterally. Whether or not, penalty is imposable for the escape of duty U/S 28(1) of Customs Act, 1962 needs to be analyzed in the… Continue Reading
Recovery of Duty Under Section 72 has to be examined in the light of extant provisions of Customs Act 1962 and the rulings of different fora. Lets examine the provisions and resources which lay for the decision making by the… Continue Reading
Findings of Market Enquiry of Export goods often gets into debate arena if not termed controversial. If you have been into Export Import for a while now or, been associated with Customs in any way, you must be familiar with… Continue Reading
Study of Repeal And Saving in Statutory Space assumes quite some big significance. Under the common law rule, the consequences of a repeal of a statute are very drastic. Except as to transaction past and closed, a statute after its… Continue Reading
Understanding the applicability of mensrea under Customs Act is of immense importance. Mens rea is an essential element of offence when it is expressly mentioned but in a case of statutory offence regardless of mens-rea, penalty can be invoked on… Continue Reading
Statement Under Section 108 of Customs Act, 1962 is an admissible piece of evidence before court of law. Section 108 is a machinery section to gather evidence in case of violations/offence under Customs Act. The power of recording of statement… Continue Reading
