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...
Advance-ruling mechanism governs pending GST classification, exemption and taxability disputes, limiting writ review once the specialised forum functi...
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The High Court considered whether the Tribunal could discard an enquiry report for breaching the timeline under Regulation 20 (5) of the Customs Broker Licensing Regulations, 2013. The Court held that the Tribunal could not have entirely disregarded the report, citing precedents. The Tribunal partially accepted the report, leading to a penalty on the broker. The Adjudicating Authority must consider proven materials, even if the broker is absent. The Court ruled that the timeline under Regulation 20 (5) is directory, giving the Tribunal discretion to weigh the enquiry report as appropriate. The application was disposed of accordingly.
The High Court considered whether the Tribunal could discard an enquiry report for breaching the timeline under Regulation 20 (5) of the Customs Broker Licensing Regulations, 2013. The Court held that the Tribunal could not have entirely disregarded the report, citing precedents. The Tribunal partially accepted the report, leading to a penalty on the broker. The Adjudicating Authority must consider proven materials, even if the broker is absent. The Court ruled that the timeline under Regulation 20 (5) is directory, giving the Tribunal discretion to weigh the enquiry report as appropriate. The application was disposed of accordingly.
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