Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Deductibility of settlement payments for securities law penalties and treatment of unexplained cash credits in share trading -- Tribunal upholds posit...
A customs broker's failure to verify the authenticity of duty credit scrips was treated as conscious facilitation where forged, duplicated and re-registered DGFT scrips were used for duty debit. The Tribunal held that the broker was bound to insist on physical copies or verify the scrip particulars from the DGFT database, since the clearance condition required production of the scrip before the proper officer for debit. On the facts, the repeated use of forged scrips and complete lack of verification justified liability under section 114AA, and the penalty was upheld. The Tribunal distinguished an earlier CESTAT ruling because intent and knowledge had been specifically addressed here.
A customs broker's failure to verify the authenticity of duty credit scrips was treated as conscious facilitation where forged, duplicated and re-registered DGFT scrips were used for duty debit. The Tribunal held that the broker was bound to insist on physical copies or verify the scrip particulars from the DGFT database, since the clearance condition required production of the scrip before the proper officer for debit. On the facts, the repeated use of forged scrips and complete lack of verification justified liability under section 114AA, and the penalty was upheld. The Tribunal distinguished an earlier CESTAT ruling because intent and knowledge had been specifically addressed here.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4824 
Join Channel 
