Prior Sanction Requirement: absence of prescribed approval invalidates reassessment notice; limitation also bars notice if escaped income below thresh...
Eligibility for exemption depends on strict construction of the product description; reapers without binder are ineligible, but confiscation and penal...
Customs jurisdiction defined for Principal Commissioner, Vishakhapatnam, covering specified ports, districts and India's adjacent EEZ; effective on pu...
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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