Independent show-cause notices remain separate proceedings, while customs adjudication challenges should ordinarily follow the statutory appellate rem...
Institutional incapacity in customs settlement proceedings excludes non-functional quorum periods from statutory disposal timelines, preventing automa...
Interactive touchscreen panels with integrated computing functions fall under automatic data-processing machines rather than display monitors for cust...
Ex parte injunction service requirements were substantially met, while civil recovery and SFIO investigation into provident fund defalcation continued...
Enforcement of resolution-plan directions continues without a Supreme Court stay, preventing suspension of redistribution and escrowed-fund distributi...
Third-party ownership claims over attached property require Special Court adjudication where purchasers lack registered sale deeds and bona fides rema...
Pure-agent reimbursements in clearing and forwarding services are excluded from taxable value when qualifying third-party payments are properly record...
Customs relief for Strait of Hormuz maritime disruptions remains available, with existing conditions continuing unchanged through the extended validit...
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The case pertains to the jurisdiction of impugned orders under the U.P.G.S.T. Act, 2017, and the time limitation u/s 73 and Section 44 of the Act. The key points are: the retrospective effect of notifications, the time limit prescribed for issuing orders u/s 73(9) based on the due date of filing annual returns u/s 44(1), and the validity of the impugned orders in light of this time limit. The due date for filing the annual return for the financial year 2017-18 was extended to 05.02.2020 via notifications. Consequently, the three-year time limit u/s 73(10) for issuing orders ended on 05.02.2023. However, the impugned orders were dated 05.10.2024 and 02.12.2023, beyond the prescribed time limit. Therefore, the High Court held that the impugned orders were beyond jurisdiction, being barred by the time limit u/s 73(10). Consequently, the writ petition was allowed, the impugned orders were quashed, and the petitioner's frozen accounts were ordered to be de-frozen.
The case pertains to the jurisdiction of impugned orders under the U.P.G.S.T. Act, 2017, and the time limitation u/s 73 and Section 44 of the Act. The key points are: the retrospective effect of notifications, the time limit prescribed for issuing orders u/s 73(9) based on the due date of filing annual returns u/s 44(1), and the validity of the impugned orders in light of this time limit. The due date for filing the annual return for the financial year 2017-18 was extended to 05.02.2020 via notifications. Consequently, the three-year time limit u/s 73(10) for issuing orders ended on 05.02.2023. However, the impugned orders were dated 05.10.2024 and 02.12.2023, beyond the prescribed time limit. Therefore, the High Court held that the impugned orders were beyond jurisdiction, being barred by the time limit u/s 73(10). Consequently, the writ petition was allowed, the impugned orders were quashed, and the petitioner's frozen accounts were ordered to be de-frozen.
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