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...
The matter concerns revocation of a customs broker licence under the Customs Brokers Licensing Regulations, 2018 where Regulation 17(7) requires the Principal Commissioner to pass suspension or revocation orders within 90 days of submission of the inquiry report. The inquiry report was submitted on 28-03-2022 but the order in issue was passed on 16-08-2022, after more than 130 days. The tribunal found this a clear breach of the statutory 90 day deadline and noted no saving clause in the CBLR 2018 for delayed orders; accordingly the impugned revocation order was set aside and the appeal allowed.
The matter concerns revocation of a customs broker licence under the Customs Brokers Licensing Regulations, 2018 where Regulation 17(7) requires the Principal Commissioner to pass suspension or revocation orders within 90 days of submission of the inquiry report. The inquiry report was submitted on 28-03-2022 but the order in issue was passed on 16-08-2022, after more than 130 days. The tribunal found this a clear breach of the statutory 90 day deadline and noted no saving clause in the CBLR 2018 for delayed orders; accordingly the impugned revocation order was set aside and the appeal allowed.
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