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...
Provisional release of imported used highly specialized digital multifunction print/copying machines, though treated as restricted goods, was ordered because the importer had already executed a provisional duty bond and furnished a bank guarantee covering the assessable value of the entire consignment, leaving no justification to withhold release of the remaining 63 units. The Tribunal relied on the absence of any demonstrated shortfall in security and directed release subject to the same conditions earlier upheld in analogous litigation requiring bond and bank guarantee pending adjudication, thereby ensuring revenue protection while permitting release. - CESTAT
Provisional release of imported used highly specialized digital multifunction print/copying machines, though treated as restricted goods, was ordered because the importer had already executed a provisional duty bond and furnished a bank guarantee covering the assessable value of the entire consignment, leaving no justification to withhold release of the remaining 63 units. The Tribunal relied on the absence of any demonstrated shortfall in security and directed release subject to the same conditions earlier upheld in analogous litigation requiring bond and bank guarantee pending adjudication, thereby ensuring revenue protection while permitting release. - CESTAT
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