Allocation of registration charges: contractual clause overriding statutory presumption allowed as deduction against capital gain after unrebutted doc...
Expenditure tied to investments yielding exempt income restricted to attributable costs; broader disallowance disallowed and adjustments to WDV and mi...
Admissibility of Investigative Statements invalidated reliance on coerced emails and valuation redetermination, resulting in set aside of penalties an...
Classification of printed technical documents: specific Chapter 49.01 entry prevails, enabling claimed customs exemptions for imported manuals and rep...
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Section 129E of the Customs Act bars entertainment of an appeal without the statutory pre-deposit, but not its filing or registration. 'Entertain' was held to mean the stage when the appellate authority applies its judicial mind, so filing and numbering are ministerial acts and an appeal may be registered as a defective proceeding even without proof of deposit; the pre-deposit objection is then decided at the entertainment stage by the Commissioner (Appeals). The High Court also held that its Article 226 jurisdiction to dispense with pre-deposit survives in an appropriate case, though no waiver was granted here because the appeals had not yet been registered.
Section 129E of the Customs Act bars entertainment of an appeal without the statutory pre-deposit, but not its filing or registration. 'Entertain' was held to mean the stage when the appellate authority applies its judicial mind, so filing and numbering are ministerial acts and an appeal may be registered as a defective proceeding even without proof of deposit; the pre-deposit objection is then decided at the entertainment stage by the Commissioner (Appeals). The High Court also held that its Article 226 jurisdiction to dispense with pre-deposit survives in an appropriate case, though no waiver was granted here because the appeals had not yet been registered.
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