Admissibility of electronic evidence bars undervaluation demands where printouts, retracted statements and no cross-examination leave the case unprove...
Limitation in oppression and mismanagement proceedings: prior knowledge of removal and dilution barred the challenge, with valuation directions upheld...
Insolvency professional agency governance rules amended to add nominee directors, tighten independent director eligibility, and regulate managing dire...
Advance Authorisation disputes over duty-free gold turned on whether later-regularised supporting manufacturers and clerical errors in export documents amounted to diversion or breach of the Actual User condition. The Tribunal treated dispatch to manufacturers later endorsed by DGFT as a curable procedural lapse, not unauthorised diversion, and found no basis for confiscation. It also accepted that excess jewellery over the invoice declaration arose from a clerical mistake, with no mens rea or pecuniary gain, so confiscation and redemption fine were unsustainable. Because the gold was seized before expiry of the export-obligation period and remained part of authorised imports, absolute confiscation was also set aside. Penalties failed with the confiscations and were deleted.
Advance Authorisation disputes over duty-free gold turned on whether later-regularised supporting manufacturers and clerical errors in export documents amounted to diversion or breach of the Actual User condition. The Tribunal treated dispatch to manufacturers later endorsed by DGFT as a curable procedural lapse, not unauthorised diversion, and found no basis for confiscation. It also accepted that excess jewellery over the invoice declaration arose from a clerical mistake, with no mens rea or pecuniary gain, so confiscation and redemption fine were unsustainable. Because the gold was seized before expiry of the export-obligation period and remained part of authorised imports, absolute confiscation was also set aside. Penalties failed with the confiscations and were deleted.
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