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...
Refund claim of Cenvat credit for input services used in export was contested on realization of export proceeds; the article explains that payment received in Indian rupees from a foreign bank account through authorised banking channels (including Vostro accounts) constitutes deemed repatriation of realized foreign exchange and may be evidenced by a Foreign Inward Remittance Certificate. Applying the tribunal ratio cited, the condition for export realisation is satisfied and orders denying the refund were set aside, with consequential reliefs as per law.
Refund claim of Cenvat credit for input services used in export was contested on realization of export proceeds; the article explains that payment received in Indian rupees from a foreign bank account through authorised banking channels (including Vostro accounts) constitutes deemed repatriation of realized foreign exchange and may be evidenced by a Foreign Inward Remittance Certificate. Applying the tribunal ratio cited, the condition for export realisation is satisfied and orders denying the refund were set aside, with consequential reliefs as per law.
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