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...
Appellant reimported defective goods initially claiming benefit under Notification No.158/1995 but later sought alternate exemption under Notification No.94/1996; Tribunal held an alternate notification may be claimed despite an earlier, different claim, subject to satisfying the alternate notification's conditions, and relied on a prior CESTAT decision with similar facts. Because the record lacks a finding on whether the appellant met those conditions, the matter is remanded for de novo adjudication with directions to observe principles of natural justice and, if practicable, conclude proceedings within three months.
Appellant reimported defective goods initially claiming benefit under Notification No.158/1995 but later sought alternate exemption under Notification No.94/1996; Tribunal held an alternate notification may be claimed despite an earlier, different claim, subject to satisfying the alternate notification's conditions, and relied on a prior CESTAT decision with similar facts. Because the record lacks a finding on whether the appellant met those conditions, the matter is remanded for de novo adjudication with directions to observe principles of natural justice and, if practicable, conclude proceedings within three months.
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