Statutory transfer formalities invalidated alleged share and property transfers, while retrospective record manipulation constituted oppression and mi...
Provisional attachment of laundered funds and equivalent-value property sustained, with statutory protection limited to pension, gratuity and providen...
Insolvency moratorium does not shield company officers from cheque dishonour prosecution for liability arising before corporate insolvency proceedings...
Advance-ruling mechanism governs pending GST classification, exemption and taxability disputes, limiting writ review once the specialised forum functi...
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The CESTAT allowed the appeal in part. It held that DRI officers are competent to issue show-cause notices under Section 75 read with the relevant rules in drawback matters - the appellant's challenge to DRI jurisdiction was rejected. However, the penalty imposed on the appellant CHA/CB under Sections 114 and 117 was set aside: the allegations related to CHALR-regulated dereliction of CHA duties and did not establish abetment, collusion or wrongful involvement warranting statutory penal provisions; disciplinary remedies under CHALR prevail. Consequential orders imposing monetary penalty under Sections 114/117 were quashed and the appeal disposed of.
The CESTAT allowed the appeal in part. It held that DRI officers are competent to issue show-cause notices under Section 75 read with the relevant rules in drawback matters - the appellant's challenge to DRI jurisdiction was rejected. However, the penalty imposed on the appellant CHA/CB under Sections 114 and 117 was set aside: the allegations related to CHALR-regulated dereliction of CHA duties and did not establish abetment, collusion or wrongful involvement warranting statutory penal provisions; disciplinary remedies under CHALR prevail. Consequential orders imposing monetary penalty under Sections 114/117 were quashed and the appeal disposed of.
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