Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Deductibility of settlement payments for securities law penalties and treatment of unexplained cash credits in share trading -- Tribunal upholds posit...
Threshold for allottee-initiated insolvency petitions in leasehold real estate upheld; petition admitted after possession letters deemed legally ineff...
Contravention of foreign exchange rules in crossborder diamond payments; appellate tribunal reduces one appellant's penalty for delay and proportional...
Demand of differential customs duty was examined on the dominant issue whether it can be fastened "jointly and severally" on more than one person for mis-declared imports, consistent with Article 265 requiring levy and collection only by authority of law. Relying on the principle that a taxing statute must clearly specify the taxable event, liable person, rate and measure, the tribunal held that joint and several recovery must be traceable to a specific statutory provision; while primary liability lies on the importer under s.28, s.147 permits recovery from an authorised agent in defined circumstances. The matter was remanded for de novo adjudication on applicability of such authority. - CESTAT
Demand of differential customs duty was examined on the dominant issue whether it can be fastened "jointly and severally" on more than one person for mis-declared imports, consistent with Article 265 requiring levy and collection only by authority of law. Relying on the principle that a taxing statute must clearly specify the taxable event, liable person, rate and measure, the tribunal held that joint and several recovery must be traceable to a specific statutory provision; while primary liability lies on the importer under s.28, s.147 permits recovery from an authorised agent in defined circumstances. The matter was remanded for de novo adjudication on applicability of such authority. - CESTAT
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