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...
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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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