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...
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Show Cause Notice was limited to alleged absence of Mean Reflectance (MR) testing from an authorised laboratory and asserted unreliability of load port CSN values; the impugned adjudication impermissibly relied on later laboratory reports not cited in the notice, creating a jurisdictional defect and rendering that reliance unsustainable. On merits, contemporaneous import evidence (load port certificate and Customs chemical report) met the Notification No. 21/2002 exemption thresholds for MR and CSN; belated testing more than two years after sampling was not shown to be scientifically reliable or preserved, so it could not displace the contemporaneous evidence and entitlement to exemption was established.
Show Cause Notice was limited to alleged absence of Mean Reflectance (MR) testing from an authorised laboratory and asserted unreliability of load port CSN values; the impugned adjudication impermissibly relied on later laboratory reports not cited in the notice, creating a jurisdictional defect and rendering that reliance unsustainable. On merits, contemporaneous import evidence (load port certificate and Customs chemical report) met the Notification No. 21/2002 exemption thresholds for MR and CSN; belated testing more than two years after sampling was not shown to be scientifically reliable or preserved, so it could not displace the contemporaneous evidence and entitlement to exemption was established.
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