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...
The dominant issue was whether the statutory appeal was filed within the limitation period prescribed under Section 128(1) of the Customs Act, 1962, and within the further condonable period available to the appellate authority. The tribunal held that the appellant admittedly became aware of the order on 16.08.2021, yet filed the appeal well beyond the maximum period that could be condoned, and the Commissioner (Appeals) therefore lacked jurisdiction to entertain it, consistent with the principle that delay beyond the statutorily condonable limit cannot be excused. Consequently, the appeal was dismissed as time-barred. - CESTAT
The dominant issue was whether the statutory appeal was filed within the limitation period prescribed under Section 128(1) of the Customs Act, 1962, and within the further condonable period available to the appellate authority. The tribunal held that the appellant admittedly became aware of the order on 16.08.2021, yet filed the appeal well beyond the maximum period that could be condoned, and the Commissioner (Appeals) therefore lacked jurisdiction to entertain it, consistent with the principle that delay beyond the statutorily condonable limit cannot be excused. Consequently, the appeal was dismissed as time-barred. - CESTAT
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