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...
Determination of Fe content in exported iron ore fines governed admissibility of test reports and duty liability; departmental CRCL samples taken at load port were preferred over private laboratory reports, and reliance on private tests was rejected, resulting in dismissal of Revenue's differential duty claim. Allegations of artificial splitting of consignments failed for lack of substantive proof, and separate contracts, sampling advices, and shipping bills supported separate consignments - allegation dismissed. Confessional statements alone were held insufficient to sustain adjudication and therefore could not determine liability. Discharge port analyses were held irrelevant for FOB sales pricing and duty assessment. Deposit refunded with interest.
Determination of Fe content in exported iron ore fines governed admissibility of test reports and duty liability; departmental CRCL samples taken at load port were preferred over private laboratory reports, and reliance on private tests was rejected, resulting in dismissal of Revenue's differential duty claim. Allegations of artificial splitting of consignments failed for lack of substantive proof, and separate contracts, sampling advices, and shipping bills supported separate consignments - allegation dismissed. Confessional statements alone were held insufficient to sustain adjudication and therefore could not determine liability. Discharge port analyses were held irrelevant for FOB sales pricing and duty assessment. Deposit refunded with interest.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4809 
Join Channel 
