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...
Contravention of foreign exchange rules in crossborder diamond payments; appellate tribunal reduces one appellant's penalty for delay and proportional...
Confiscation and penalty in respect of an imported food consignment were held unsustainable where customs cleared the goods under a proper bill of entry after duty payment and there was no evidence of provisional clearance, bond execution, or mis-declaration; consequence: confiscation and redemption fine set aside. The tribunal found culpable negligence and inaction by customs officials in permitting further market movement despite possession of a rejection test report by the food safety authority; consequence: such procedural lapses cannot be condoned and undermined the prosecution. Appellant granted relief and made eligible for consequential legal remedies.
Confiscation and penalty in respect of an imported food consignment were held unsustainable where customs cleared the goods under a proper bill of entry after duty payment and there was no evidence of provisional clearance, bond execution, or mis-declaration; consequence: confiscation and redemption fine set aside. The tribunal found culpable negligence and inaction by customs officials in permitting further market movement despite possession of a rejection test report by the food safety authority; consequence: such procedural lapses cannot be condoned and undermined the prosecution. Appellant granted relief and made eligible for consequential legal remedies.
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