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...
Validity of suspension of a customs broker licence was assessed under the Customs Broker Licensing Regulations. Tribunal held the statutory conditions for suspension were satisfied because an inquiry was contemplated and the suspension predated or occurred during inquiry, so suspension complied with the rule for immediate action; continuation after a hearing complied with procedural requirement and recorded reasons satisfied internal instructions, resulting in upholding the suspension and dismissal of the appeal. Findings also addressed customs broker duties, due diligence failures, mis-declaration, supervision and vicarious liability for employee acts, noted as bases for disciplinary proceedings.
Validity of suspension of a customs broker licence was assessed under the Customs Broker Licensing Regulations. Tribunal held the statutory conditions for suspension were satisfied because an inquiry was contemplated and the suspension predated or occurred during inquiry, so suspension complied with the rule for immediate action; continuation after a hearing complied with procedural requirement and recorded reasons satisfied internal instructions, resulting in upholding the suspension and dismissal of the appeal. Findings also addressed customs broker duties, due diligence failures, mis-declaration, supervision and vicarious liability for employee acts, noted as bases for disciplinary proceedings.
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