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 turned on whether imported boronated calcium nitrate fell within the watersoluble fertilizer exemption under Notification No.12/2012-Cus; the FCO specifications list unfortified calcium nitrate under watersoluble fertilizers and separately list calcium nitrate with boron under Fortified Fertilizers with distinct boron content. The Tribunal applied strict interpretation of the exemption notification and matched the product specification (higher boron content) to the Fortified Fertilizers entry, concluding the exemption for calcium nitrate did not extend to the boronated product; accordingly the revenue denial of the notification benefit was upheld and the appeals dismissed.
Classification turned on whether imported boronated calcium nitrate fell within the watersoluble fertilizer exemption under Notification No.12/2012-Cus; the FCO specifications list unfortified calcium nitrate under watersoluble fertilizers and separately list calcium nitrate with boron under Fortified Fertilizers with distinct boron content. The Tribunal applied strict interpretation of the exemption notification and matched the product specification (higher boron content) to the Fortified Fertilizers entry, concluding the exemption for calcium nitrate did not extend to the boronated product; accordingly the revenue denial of the notification benefit was upheld and the appeals dismissed.
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