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...
Alleged fraudulent diversion of export consignments to a non-notified destination to wrongfully claim Focus Market Scheme benefits could not be established because statements recorded under s.108 Customs Act were inadmissible without compliance with s.138B, including examination as witnesses and opportunity of cross-examination; consequently, those statements could not prove diversion and related manipulation. Confiscation under s.113(d),(g),(i) was held inapplicable since the goods had already been exported pursuant to Let Export Orders prior to initiation of investigation, and s.113 addresses attempts to export improperly; confiscation was therefore set aside. Penalties under s.114(iii) failed as no improper export attempt and no confiscation sustained, and s.114AA penalties also failed due to lack of admissible evidence; appeal allowed. - CESTAT
Alleged fraudulent diversion of export consignments to a non-notified destination to wrongfully claim Focus Market Scheme benefits could not be established because statements recorded under s.108 Customs Act were inadmissible without compliance with s.138B, including examination as witnesses and opportunity of cross-examination; consequently, those statements could not prove diversion and related manipulation. Confiscation under s.113(d),(g),(i) was held inapplicable since the goods had already been exported pursuant to Let Export Orders prior to initiation of investigation, and s.113 addresses attempts to export improperly; confiscation was therefore set aside. Penalties under s.114(iii) failed as no improper export attempt and no confiscation sustained, and s.114AA penalties also failed due to lack of admissible evidence; appeal allowed. - CESTAT
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