Post-search scrutiny assessment remains available where original assessment limitation is unexpired, permitting timely completion under regular assess...
Independent show-cause notices remain separate proceedings, while customs adjudication challenges should ordinarily follow the statutory appellate rem...
Institutional incapacity in customs settlement proceedings excludes non-functional quorum periods from statutory disposal timelines, preventing automa...
In review proceedings concerning FEMA and TISPRO allegations, the HC reiterated that, where no limitation period is prescribed, whether a show-cause notice was issued within a reasonable period is fact-specific and should be urged before the adjudicating authority, with statutory appellate remedies remaining available under FEMA. It refused to treat prior case law on reassessment or statutory delay as a universal bar to penal proceedings, and held that issues about RBI notification timing, the FDI policy, exit from the company, and the definition of "Group Company" were merits-based and partly fact-disputed. Finding no error apparent in the earlier writ order, the review applications were dismissed.
In review proceedings concerning FEMA and TISPRO allegations, the HC reiterated that, where no limitation period is prescribed, whether a show-cause notice was issued within a reasonable period is fact-specific and should be urged before the adjudicating authority, with statutory appellate remedies remaining available under FEMA. It refused to treat prior case law on reassessment or statutory delay as a universal bar to penal proceedings, and held that issues about RBI notification timing, the FDI policy, exit from the company, and the definition of "Group Company" were merits-based and partly fact-disputed. Finding no error apparent in the earlier writ order, the review applications were dismissed.
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