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...
Re-determination of assessable value under Rule 7 of the Customs Valuation Rules was held invalid because the market survey lacked contemporaneous, comparable import data and did not demonstrate identical or similar goods at the same commercial level, so valuation based solely on median domestic invoices was set aside. Classification was resolved by applying the General Rules for Interpretation: articles whose principal function is as an assistive walking-stick retain classification under CTI 6602 0000 despite an ancillary torch, and the appellants' classification was upheld. Consequential confiscation, redemption fine and penalties were quashed as unsustainable where declarations were not materially false and labelling could be complied with before clearance.
Re-determination of assessable value under Rule 7 of the Customs Valuation Rules was held invalid because the market survey lacked contemporaneous, comparable import data and did not demonstrate identical or similar goods at the same commercial level, so valuation based solely on median domestic invoices was set aside. Classification was resolved by applying the General Rules for Interpretation: articles whose principal function is as an assistive walking-stick retain classification under CTI 6602 0000 despite an ancillary torch, and the appellants' classification was upheld. Consequential confiscation, redemption fine and penalties were quashed as unsustainable where declarations were not materially false and labelling could be complied with before clearance.
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