Change of corporate management after approved resolution plan - writ maintainable; property attachment not 'transfer' under PBPT; Section 32A protecti...
Annuloplasty band classification as implanted therapeutic appliance, not anatomical replacement, resulting in classification under tariff heading for ...
De-notification of Customs Area and termination of Container Freight Station custodian and Customs Cargo Service Provider authority effective 07-01-20...
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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