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...
Threshold for allottee-initiated insolvency petitions in leasehold real estate upheld; petition admitted after possession letters deemed legally ineff...
Contravention of foreign exchange rules in crossborder diamond payments; appellate tribunal reduces one appellant's penalty for delay and proportional...
Two conflicting orders-in-original were issued by the same authority for the same shipment and duty drawback claim, reflecting total non-application of mind and legal infirmity. Once the earlier order-in-original was found unsustainable, the later order-in-original could not independently survive and was liable to be treated as a nullity because two inconsistent adjudications cannot coexist on the same claim. Accordingly, both orders-in-original and consequential communications/notices were quashed, and the matter was remanded for fresh adjudication on merits under the Customs Act, after following due procedure and principles of natural justice, within a fixed timeframe. - HC
Two conflicting orders-in-original were issued by the same authority for the same shipment and duty drawback claim, reflecting total non-application of mind and legal infirmity. Once the earlier order-in-original was found unsustainable, the later order-in-original could not independently survive and was liable to be treated as a nullity because two inconsistent adjudications cannot coexist on the same claim. Accordingly, both orders-in-original and consequential communications/notices were quashed, and the matter was remanded for fresh adjudication on merits under the Customs Act, after following due procedure and principles of natural justice, within a fixed timeframe. - HC
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