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 note analyses obligations of a customs broker under CBLR, emphasising that a broker must advise clients and report non compliance but is liable only where evidence shows failure to perform that duty; here the broker filed bills of entry after advising the importer of correct classification and duties, and prior port practice and specific departmental intelligence led to discovery of ineligible exemption claims. The disciplinary revocation and security forfeiture based on alleged breaches of Regulations 10(d)/11(d) are unsustainable for lack of evidence; directory timelines and principles of natural justice reinforce that licence cancellation was set aside.
The note analyses obligations of a customs broker under CBLR, emphasising that a broker must advise clients and report non compliance but is liable only where evidence shows failure to perform that duty; here the broker filed bills of entry after advising the importer of correct classification and duties, and prior port practice and specific departmental intelligence led to discovery of ineligible exemption claims. The disciplinary revocation and security forfeiture based on alleged breaches of Regulations 10(d)/11(d) are unsustainable for lack of evidence; directory timelines and principles of natural justice reinforce that licence cancellation was set aside.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4811 
Join Channel 
