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...
Revocation of a customs broker licence was set aside because the decision-maker disagreed with an inquiry report that had exonerated the broker but failed to record and communicate the adverse reasons or material supporting that disagreement and did not afford the broker an opportunity to reply. The note emphasises that while an inquiry report is not binding, principles of natural justice require disclosure of reasons for disagreement and a chance to rebut; absence of such communication renders the revocation order procedurally infirm and led to allowance of the appeal.
Revocation of a customs broker licence was set aside because the decision-maker disagreed with an inquiry report that had exonerated the broker but failed to record and communicate the adverse reasons or material supporting that disagreement and did not afford the broker an opportunity to reply. The note emphasises that while an inquiry report is not binding, principles of natural justice require disclosure of reasons for disagreement and a chance to rebut; absence of such communication renders the revocation order procedurally infirm and led to allowance of the appeal.
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