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...
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Issue was whether an importer classified as a small enterprise could claim the benefit of the amended regulatory order extending permission to sell/display/offer declared stock up to 31.12.2025. The court held that the later amendment expressly added "importer" and the schedules were unchanged; since the petitioner's status as importer and MSME registration were undisputed, the extended deadline applied, entitling sale up to 31.12.2025. A further issue was release of imported goods despite pending tribunal proceedings; since CESTAT had kept the order-in-original in abeyance, its quasi-judicial order had to be given effect and the goods were directed to be released, conditional on deposit of Rs. 15,00,000 within 24 hours, failing which relief would lapse - HC
Issue was whether an importer classified as a small enterprise could claim the benefit of the amended regulatory order extending permission to sell/display/offer declared stock up to 31.12.2025. The court held that the later amendment expressly added "importer" and the schedules were unchanged; since the petitioner's status as importer and MSME registration were undisputed, the extended deadline applied, entitling sale up to 31.12.2025. A further issue was release of imported goods despite pending tribunal proceedings; since CESTAT had kept the order-in-original in abeyance, its quasi-judicial order had to be given effect and the goods were directed to be released, conditional on deposit of Rs. 15,00,000 within 24 hours, failing which relief would lapse - HC
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