CENVAT credit for trading requires reversal, while taxable-service rental credit remains proportionately available and limitation issues await resolut...
Vicarious liability for dishonoured company cheques may extend to non-signatory directors where complaints contain foundational responsibility avermen...
Charitable registration turns on predominant purpose and genuine activities, while incidental fees and related-party rent require supporting adverse m...
MAT book-profit adjustments exclude disallowances for exempt-income expenditure and demerger expenditure unless expressly listed under the statutory c...
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Authority under the Customs Act to proceed against the property of a third party - Prohibition of Benami Property Transactions - The High Court emphasizes that respondent No. 2 cannot question the petitioner’s ownership of the flat, even if it was purchased by her husband. Referring to Section 3 of the Prohibition of Benami Property Transactions Act, 1988, the court states that only the husband could question the petitioner’s ownership, and any such dispute should be resolved in a civil court. - The High Court finds that respondent No. 2 lacked jurisdiction to issue the communication under the Customs Act. There is no provision allowing customs officials to attach the property of a third party, such as the petitioner, who is not connected to any recovery under the Customs Act.
Authority under the Customs Act to proceed against the property of a third party - Prohibition of Benami Property Transactions - The High Court emphasizes that respondent No. 2 cannot question the petitioner’s ownership of the flat, even if it was purchased by her husband. Referring to Section 3 of the Prohibition of Benami Property Transactions Act, 1988, the court states that only the husband could question the petitioner’s ownership, and any such dispute should be resolved in a civil court. - The High Court finds that respondent No. 2 lacked jurisdiction to issue the communication under the Customs Act. There is no provision allowing customs officials to attach the property of a third party, such as the petitioner, who is not connected to any recovery under the Customs Act.
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