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...
Import entitlement for dried cranberry was sustained because the product falls within the generic category 'fruit', and denial of duty-free import under post-export Duty Free Import Authorisations (DFIAs) lacked factual basis. The tribunal held transferable post-export DFIAs are not subject to an actual user condition for transferees, and struck down a value-cap public notice as invalid for lacking gazette notification. The assessing and firstappellate authorities failed to issue a speaking, reasoned order, warranting relief. The impugned orders were set aside and the licensing authority directed to restore/revalidate the lapsed DFIA for the unexpired period from bill of entry presentation.
Import entitlement for dried cranberry was sustained because the product falls within the generic category 'fruit', and denial of duty-free import under post-export Duty Free Import Authorisations (DFIAs) lacked factual basis. The tribunal held transferable post-export DFIAs are not subject to an actual user condition for transferees, and struck down a value-cap public notice as invalid for lacking gazette notification. The assessing and firstappellate authorities failed to issue a speaking, reasoned order, warranting relief. The impugned orders were set aside and the licensing authority directed to restore/revalidate the lapsed DFIA for the unexpired period from bill of entry presentation.
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