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...
Electronic records on a seized/reconstructed DVD were held inadmissible because authenticity, genuineness and reliability could not be verified from the original device and no statutory certificate was produced, therefore the DVD-derived printouts could not support penalty under Section 114AA and the penalties were set aside. A co-accused's statement retracted before a court was held unreliable and cannot implicate the appellant absent independent corroboration, so that retracted statement was disregarded. Because the essential statutory ingredients to attract the customs penalty were not established and no nexus was proved, the penalty imposition was unsustainable and overturned in favour of the appellant.
Electronic records on a seized/reconstructed DVD were held inadmissible because authenticity, genuineness and reliability could not be verified from the original device and no statutory certificate was produced, therefore the DVD-derived printouts could not support penalty under Section 114AA and the penalties were set aside. A co-accused's statement retracted before a court was held unreliable and cannot implicate the appellant absent independent corroboration, so that retracted statement was disregarded. Because the essential statutory ingredients to attract the customs penalty were not established and no nexus was proved, the penalty imposition was unsustainable and overturned in favour of the appellant.
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