Money laundering property attachment and third-party encumbrance rights clarified; prior bona fide interests enforceable before confiscation, appeals ...
Profiteering in construction services for failure to pass input tax credit resulted in repayment exceeding the commensurate benefit and closure of pro...
The dominant issue was whether the appellate tribunal could, in an assessee's appeal, set aside the adjudicating authority's unchallenged direction permitting redemption fine and re-export, and thereby sustain absolute confiscation. Since the Department neither filed an appeal nor cross-objections and did not invoke statutory review remedies, the redemption and re-export direction had attained finality and did not arise from the assessee's grounds. Despite the tribunal's wide powers under the statute, it could not travel beyond the scope of the appeal to grant relief adverse to the assessee on an aspect not under challenge, amounting to excess of jurisdiction. The tribunal's interference was therefore set aside and the appeal was allowed. - HC
The dominant issue was whether the appellate tribunal could, in an assessee's appeal, set aside the adjudicating authority's unchallenged direction permitting redemption fine and re-export, and thereby sustain absolute confiscation. Since the Department neither filed an appeal nor cross-objections and did not invoke statutory review remedies, the redemption and re-export direction had attained finality and did not arise from the assessee's grounds. Despite the tribunal's wide powers under the statute, it could not travel beyond the scope of the appeal to grant relief adverse to the assessee on an aspect not under challenge, amounting to excess of jurisdiction. The tribunal's interference was therefore set aside and the appeal was allowed. - HC
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