Search and seizure: abatement of earlier search bars use of prior seized material in later search-based assessments; relief limited to new documents f...
Admission of additional evidence under remand rules must await a meaningful remand report; failure to do so breaches natural justice and mandates rema...
Export Obligation Discharge Certificates for EPCG compliance cannot be questioned by Customs unless DGFT adjudicates and cancels them, so demands quas...
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Section 61(2) establishes a 30 day appeal period with a Tribunal extension ceiling of 15 days; Section 198 addresses condonation of delay in performance of time bound Board functions but does not expand the Tribunal's statutory power to extend appeal timelines. The Tribunal reasoned that Section 198's non obstante clause is contextual to Board duties under the Code and cannot be invoked to cure a 103 day delay, therefore the condonation application and appeal memo were rejected on limitation grounds. The Tribunal also recognised, without deciding merits, that the statutory regulator has locus to file appeals when aggrieved, albeit limitation barred relief here.
Section 61(2) establishes a 30 day appeal period with a Tribunal extension ceiling of 15 days; Section 198 addresses condonation of delay in performance of time bound Board functions but does not expand the Tribunal's statutory power to extend appeal timelines. The Tribunal reasoned that Section 198's non obstante clause is contextual to Board duties under the Code and cannot be invoked to cure a 103 day delay, therefore the condonation application and appeal memo were rejected on limitation grounds. The Tribunal also recognised, without deciding merits, that the statutory regulator has locus to file appeals when aggrieved, albeit limitation barred relief here.
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