Statutory transfer formalities invalidated alleged share and property transfers, while retrospective record manipulation constituted oppression and mi...
Provisional attachment of laundered funds and equivalent-value property sustained, with statutory protection limited to pension, gratuity and providen...
Insolvency moratorium does not shield company officers from cheque dishonour prosecution for liability arising before corporate insolvency proceedings...
Duty drawback recovery under Rule 16, despite no express limitation period, must be initiated within a reasonable time based on the facts. The text states that delayed recovery may be sustainable where fraudulent availment or suppression is alleged, but non-production of proof of export-proceeds realisation alone does not establish either ground. Where recovery proceedings begin more than seven years after drawback payments and no explanation is given for the delay, the text treats the proceedings as time-barred. It also notes that the consequential demand and penalty were set aside.
Duty drawback recovery under Rule 16, despite no express limitation period, must be initiated within a reasonable time based on the facts. The text states that delayed recovery may be sustainable where fraudulent availment or suppression is alleged, but non-production of proof of export-proceeds realisation alone does not establish either ground. Where recovery proceedings begin more than seven years after drawback payments and no explanation is given for the delay, the text treats the proceedings as time-barred. It also notes that the consequential demand and penalty were set aside.
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