Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Service...
Tax exemption for specified legal-services authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and...
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The case involved revocation of a Customs Broker (CB) license, forfeiture of security deposit, and penalty imposition due to misuse of Transfer of Residence (TR) facility by some cargo companies in collusion with the Appellant. The Adjudication authority admitted email communication as evidence despite non-compliance with Section 138C of the Customs Act, citing quasi-judicial proceedings principles. However, the Tribunal held that evidence must comply with Section 138C. The Tribunal found the alleged violations of CBLR 2018 Sections 10(d) and 10(e) unsustainable due to lack of evidence and knowledge. The penalty under Regulation 18(1) was reduced to Rs. 40,000, and the revocation of the CB license and forfeiture of security deposit were set aside. The appeal was partially allowed.
The case involved revocation of a Customs Broker (CB) license, forfeiture of security deposit, and penalty imposition due to misuse of Transfer of Residence (TR) facility by some cargo companies in collusion with the Appellant. The Adjudication authority admitted email communication as evidence despite non-compliance with Section 138C of the Customs Act, citing quasi-judicial proceedings principles. However, the Tribunal held that evidence must comply with Section 138C. The Tribunal found the alleged violations of CBLR 2018 Sections 10(d) and 10(e) unsustainable due to lack of evidence and knowledge. The penalty under Regulation 18(1) was reduced to Rs. 40,000, and the revocation of the CB license and forfeiture of security deposit were set aside. The appeal was partially allowed.
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