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...
The dispute concerned imposition of a penalty and suspension of a customs broker licence for allegedly aiding and abetting an exporter who misdeclared prohibited Bos Indicus meat as boneless buffalo meat. The High Court found that penal liability under the Customs regime requires proof of both mens rea and actus reus, and there was no evidence of intentional wrongdoing, collusion, or active involvement by the broker; accordingly the penalty and licence suspension as to the petitioner were quashed. The Court also held the writ petitions maintainable due to non-application of mind in the administrative orders, which lacked substantive justification.
The dispute concerned imposition of a penalty and suspension of a customs broker licence for allegedly aiding and abetting an exporter who misdeclared prohibited Bos Indicus meat as boneless buffalo meat. The High Court found that penal liability under the Customs regime requires proof of both mens rea and actus reus, and there was no evidence of intentional wrongdoing, collusion, or active involvement by the broker; accordingly the penalty and licence suspension as to the petitioner were quashed. The Court also held the writ petitions maintainable due to non-application of mind in the administrative orders, which lacked substantive justification.
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