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...
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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...
HC set aside the appellate authority's order dated 11th December, 2023 rejecting the petitioner's refund application. The court remanded the matter for fresh hearing, directing the appellate authority to conduct a de novo review within three weeks, assign a different officer, and provide the petitioner an opportunity to be heard. If the refund is found valid, the entire amount must be credited to the petitioner's ledger with appropriate statutory interest. The court criticized the respondents' procedural approach, highlighting the petitioner's registration restoration and subsequent refund claim's unjust rejection.
HC set aside the appellate authority's order dated 11th December, 2023 rejecting the petitioner's refund application. The court remanded the matter for fresh hearing, directing the appellate authority to conduct a de novo review within three weeks, assign a different officer, and provide the petitioner an opportunity to be heard. If the refund is found valid, the entire amount must be credited to the petitioner's ledger with appropriate statutory interest. The court criticized the respondents' procedural approach, highlighting the petitioner's registration restoration and subsequent refund claim's unjust rejection.
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