Aggregation under TNMM prevents selective testing of intra-group services without comparable uncontrolled transactions, while appellate additional cla...
Protective assessment cannot duplicate identical receipts under competing characterisations; remote services did not establish a taxable permanent est...
Current account treatment of overseas tournament services removed most FEMA findings, but excess EEFC remittance and delayed repatriation remained bre...
Modification of bail conditions remains available through inherent jurisdiction where onerous deposits undermine justice and cannot recover disputed d...
Merchant banker regulation consolidates registration, governance, capital, reporting, outsourcing and investor-protection requirements under an update...
The Tribunal set aside the order of the licensing authority that revoked and forfeited the security deposit of a Customs Broker. The licensing authority alleged breach of regulations 10(d), 10(e), and 10(f) of the Customs Brokers Licensing Regulations, 2018. However, the Tribunal found that the substantial delay between the offence report in May 2022 and the final determination in January 2024 violated the timelines prescribed in Regulation 17 of the said Regulations. The licensing authority's attempt to justify the delay by citing transfer of officers was rejected, as the authority is responsible for efficient discharge of statutory and administrative roles. The Tribunal held that the mandatory stipulations in Regulation 17 were treated as directory without adhering to the Bombay High Court's decision in Unison Clearing Pvt. Ltd. case, rendering the proceedings invalid at the threshold.
The Tribunal set aside the order of the licensing authority that revoked and forfeited the security deposit of a Customs Broker. The licensing authority alleged breach of regulations 10(d), 10(e), and 10(f) of the Customs Brokers Licensing Regulations, 2018. However, the Tribunal found that the substantial delay between the offence report in May 2022 and the final determination in January 2024 violated the timelines prescribed in Regulation 17 of the said Regulations. The licensing authority's attempt to justify the delay by citing transfer of officers was rejected, as the authority is responsible for efficient discharge of statutory and administrative roles. The Tribunal held that the mandatory stipulations in Regulation 17 were treated as directory without adhering to the Bombay High Court's decision in Unison Clearing Pvt. Ltd. case, rendering the proceedings invalid at the threshold.
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