Inherited property sale proceeds require capital-gains treatment where ownership is supported by evidence, not suspicion or unverified signature doubt...
Cross-examination of retracted statements is essential where foundational evidence supports a benami allegation and documented funding explanations re...
Capital-goods exemption covers plant-modernisation accessories, while the import restriction applies only to earlier capital-goods components and spar...
Constitutional judicial review permits challenges to ECIRs and connected money-laundering proceedings where coercive action affects fundamental intere...
Maintainability of appeal before the appellate authority - time limitation - The High Court held that, appellate authorities under such statutes are not vested with the jurisdiction to condone delays beyond the permissible statutory period. It was also noted that the CGST Act is a special statute and a self-contained code by itself, which impliedly excludes the application of the Limitation Act, 1963. Therefore, Section 5 of the Limitation Act, which provides for the condonation of delay, does not apply to Section 107 of the CGST Act.
Maintainability of appeal before the appellate authority - time limitation - The High Court held that, appellate authorities under such statutes are not vested with the jurisdiction to condone delays beyond the permissible statutory period. It was also noted that the CGST Act is a special statute and a self-contained code by itself, which impliedly excludes the application of the Limitation Act, 1963. Therefore, Section 5 of the Limitation Act, which provides for the condonation of delay, does not apply to Section 107 of the CGST Act.
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