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...
Threshold for allottee-initiated insolvency petitions in leasehold real estate upheld; petition admitted after possession letters deemed legally ineff...
Classification dispute concerns whether imported betel nut products are classifiable as preparations of betel nut or retain the essential character of areca/betel nuts. Tribunal applied the essential character test and relied on a prior Advance Ruling to conclude extensive processing (boiling, husk removal, drying, roasting, polishing, cutting) transformed the goods into preparations, thereby attracting classification as preparations under the relevant tariff heading rather than as raw areca nuts; the impugned order upholding classification as preparations was affirmed. The ruling also notes consequences for mis-declaration, including confiscation and penalty, and references applicable notifications and minimum import price considerations.
Classification dispute concerns whether imported betel nut products are classifiable as preparations of betel nut or retain the essential character of areca/betel nuts. Tribunal applied the essential character test and relied on a prior Advance Ruling to conclude extensive processing (boiling, husk removal, drying, roasting, polishing, cutting) transformed the goods into preparations, thereby attracting classification as preparations under the relevant tariff heading rather than as raw areca nuts; the impugned order upholding classification as preparations was affirmed. The ruling also notes consequences for mis-declaration, including confiscation and penalty, and references applicable notifications and minimum import price considerations.
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