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...
The dispute addresses whether Customs Act powers may be invoked to confiscate foreign currency embedded in travel cards absent a deeming prohibition in foreign exchange law. The tribunal reasons that currency is defined within foreign exchange statutes and that Customs Act conferral under section 113(d) operates only where another laws prohibition is expressly deemed to be a Customs prohibition; without such deeming or valid delegation under FEMA/FERA, Customs authorities lacked statutory empowerment to confiscate or impose penalties under section 114. Consequently, the confiscation of travel-card currency and attendant penalties were set aside for want of legal authority.
The dispute addresses whether Customs Act powers may be invoked to confiscate foreign currency embedded in travel cards absent a deeming prohibition in foreign exchange law. The tribunal reasons that currency is defined within foreign exchange statutes and that Customs Act conferral under section 113(d) operates only where another laws prohibition is expressly deemed to be a Customs prohibition; without such deeming or valid delegation under FEMA/FERA, Customs authorities lacked statutory empowerment to confiscate or impose penalties under section 114. Consequently, the confiscation of travel-card currency and attendant penalties were set aside for want of legal authority.
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