Concessional Basic Customs Duty on Ethernet switches: classification as enterprise switches upheld, challenge dismissed for lack of substantial law qu...
Insolvency petition based on admitted debt and default upheld; challenge for malicious initiation rejected, settlement may proceed under resolution fr...
Quashing of FIR and challenge to ECIR over alleged diversion of funds and preferential ESOP pricing dismissed after prima facie money-laundering findi...
Whether dismissal for non-compliance with the 10% pre-deposit condition was lawful where appellants pleaded financial incapacity and counsel communication gaps - the court held the Tribunal erred by mechanically enforcing Section 19(1) without applying the undue-hardship doctrine; it must assess whether the pre-deposit renders the statutory right of appeal illusory, especially where the existence of the appellant as a going concern is at stake, balancing that inquiry against the Revenue's legitimate interest in safeguarding penalty realization - consequence: the Tribunal's dismissal was unsustainable, the pre-deposit threshold was modified to avoid miscarriage of justice and the appeals were disposed of accordingly. - HC
Whether dismissal for non-compliance with the 10% pre-deposit condition was lawful where appellants pleaded financial incapacity and counsel communication gaps - the court held the Tribunal erred by mechanically enforcing Section 19(1) without applying the undue-hardship doctrine; it must assess whether the pre-deposit renders the statutory right of appeal illusory, especially where the existence of the appellant as a going concern is at stake, balancing that inquiry against the Revenue's legitimate interest in safeguarding penalty realization - consequence: the Tribunal's dismissal was unsustainable, the pre-deposit threshold was modified to avoid miscarriage of justice and the appeals were disposed of accordingly. - HC
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