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...
Classification of exported services between Group 84 and Group 86 was held to be a question of interpretation; the thin distinction in descriptions and a harmonious reading of invoices supported an interpretative dispute. Because the appellant had a bona fide belief in its Group 86 claim, had paid customs duty and interest, and had accepted and paid an administrative penalty, the conduct did not amount to willful suppression. On that basis penal liability under the customs penalty provision was not warranted and the imposed penalties on the company and its director were set aside, with consequential relief available.
Classification of exported services between Group 84 and Group 86 was held to be a question of interpretation; the thin distinction in descriptions and a harmonious reading of invoices supported an interpretative dispute. Because the appellant had a bona fide belief in its Group 86 claim, had paid customs duty and interest, and had accepted and paid an administrative penalty, the conduct did not amount to willful suppression. On that basis penal liability under the customs penalty provision was not warranted and the imposed penalties on the company and its director were set aside, with consequential relief available.
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