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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The dominant issue was whether Section 25(4) of the Customs Act, 1962 (as amended) and the enhanced duty notification could lawfully operate to demand a higher customs duty from the relevant date. Relying on binding precedent holding Section 25(4) arbitrary and contrary to Section 25(1) and 25(2A), and noting consistent views declaring it illegal and unconstitutional, the court held that the enhanced duty demand premised on Section 25(4) could not be sustained. Consequently, the impugned Bill of Entry was quashed and the authorities were directed to refund the excess duty with interest from the date of deposit until refund within three months. - HC
The dominant issue was whether Section 25(4) of the Customs Act, 1962 (as amended) and the enhanced duty notification could lawfully operate to demand a higher customs duty from the relevant date. Relying on binding precedent holding Section 25(4) arbitrary and contrary to Section 25(1) and 25(2A), and noting consistent views declaring it illegal and unconstitutional, the court held that the enhanced duty demand premised on Section 25(4) could not be sustained. Consequently, the impugned Bill of Entry was quashed and the authorities were directed to refund the excess duty with interest from the date of deposit until refund within three months. - HC
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