Expenditure tied to investments yielding exempt income restricted to attributable costs; broader disallowance disallowed and adjustments to WDV and mi...
Admissibility of Investigative Statements invalidated reliance on coerced emails and valuation redetermination, resulting in set aside of penalties an...
Classification of printed technical documents: specific Chapter 49.01 entry prevails, enabling claimed customs exemptions for imported manuals and rep...
Attachment of Pre Offence Mortgaged Property remains possible under PMLA; secured creditors may pursue statutory claim and seek auction with undertaki...
Dominant issue: whether licence revocation, security forfeiture and penalty for alleged overvaluation to obtain ineligible drawback violated Customs Brokers Licensing Regulations, 2018. Reasoning: findings rested on alleged breaches of regs 10(d) and 10(e) but the authority failed to address a 344-day lapse between initiation and submission of the enquiry report; precedent requires mandatory adherence to timelines absent a finding that delay was attributable to the broker. Outcome: impugned order set aside and appeal allowed for failure to uphold mandatory timelines and absent adequate findings on broker culpability. - CESTAT
Dominant issue: whether licence revocation, security forfeiture and penalty for alleged overvaluation to obtain ineligible drawback violated Customs Brokers Licensing Regulations, 2018. Reasoning: findings rested on alleged breaches of regs 10(d) and 10(e) but the authority failed to address a 344-day lapse between initiation and submission of the enquiry report; precedent requires mandatory adherence to timelines absent a finding that delay was attributable to the broker. Outcome: impugned order set aside and appeal allowed for failure to uphold mandatory timelines and absent adequate findings on broker culpability. - CESTAT
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