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...
CESTAT held that invoking jurisdiction under section 28AAA of the Customs Act without DGFT's license cancellation is invalid. The tribunal found procedural irregularities in the original order, determining that customs authorities cannot unilaterally challenge export scrip validity without DGFT's formal cancellation or initiation of cancellation proceedings. The appellate tribunal set aside the impugned order, ruling that the exporter's responsibility is to prove goods reached the focus market, but penalties against the appellant and its director were unsustainable due to lack of substantive evidence and procedural defects. Appeal was consequently allowed, effectively nullifying the original confiscation and penalty orders.
CESTAT held that invoking jurisdiction under section 28AAA of the Customs Act without DGFT's license cancellation is invalid. The tribunal found procedural irregularities in the original order, determining that customs authorities cannot unilaterally challenge export scrip validity without DGFT's formal cancellation or initiation of cancellation proceedings. The appellate tribunal set aside the impugned order, ruling that the exporter's responsibility is to prove goods reached the focus market, but penalties against the appellant and its director were unsustainable due to lack of substantive evidence and procedural defects. Appeal was consequently allowed, effectively nullifying the original confiscation and penalty orders.
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