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...
Vicarious liability and supervisory duty under the Customs Brokers Licensing Regulations, 2018 were considered in relation to employee misconduct; the inquiry officer found the broker not directly responsible, and that finding was accepted, with licence revocation not invoked. Forfeiture of the Rs.75,000 security deposit under regulation 15 was upheld as an operative disciplinary consequence. Imposition of a monetary penalty under regulation 18 was held excessive and reduced from Rs.50,000 to Rs.25,000 on proportionality grounds. The appellate tribunal partially allowed the appeal, modifying the quantum of penalty but otherwise upholding the order.
Vicarious liability and supervisory duty under the Customs Brokers Licensing Regulations, 2018 were considered in relation to employee misconduct; the inquiry officer found the broker not directly responsible, and that finding was accepted, with licence revocation not invoked. Forfeiture of the Rs.75,000 security deposit under regulation 15 was upheld as an operative disciplinary consequence. Imposition of a monetary penalty under regulation 18 was held excessive and reduced from Rs.50,000 to Rs.25,000 on proportionality grounds. The appellate tribunal partially allowed the appeal, modifying the quantum of penalty but otherwise upholding the order.
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