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...
Classification of computer monitors hinged on their principal description and intended use; the tribunal accepted that monitors designed for computer use are distinguishable from TV/video monitors, affecting tariff treatment, and noted guidance from the Board on residuary entries. The tribunal held that where an importer discharged IGST at 18% by self-assessment, customs could not unilaterally revise that to 28% on reassessment, relying on prior precedent, and therefore set aside orders sustaining 28% IGST. The matter is remitted to the proper officer under section 17(5) of the Customs Act for fresh determination of consequential duty liability.
Classification of computer monitors hinged on their principal description and intended use; the tribunal accepted that monitors designed for computer use are distinguishable from TV/video monitors, affecting tariff treatment, and noted guidance from the Board on residuary entries. The tribunal held that where an importer discharged IGST at 18% by self-assessment, customs could not unilaterally revise that to 28% on reassessment, relying on prior precedent, and therefore set aside orders sustaining 28% IGST. The matter is remitted to the proper officer under section 17(5) of the Customs Act for fresh determination of consequential duty liability.
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