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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Tribunal held that where original goods were exported, a replacement consignment was subsequently exported and the defective originals were re-imported, and a chartered accountant certified no extra charge and that export benefits were claimed only once, the re-importation falls under the provision for replacement consignments (Sr. No. 5) rather than the general re-importation entry (Sr. No. 1). Consequently the appellant may retain the export benefits taken on the original export, is not liable to reverse them with interest, and the amount surrendered to clear the re-imported goods must be refunded on application.
Tribunal held that where original goods were exported, a replacement consignment was subsequently exported and the defective originals were re-imported, and a chartered accountant certified no extra charge and that export benefits were claimed only once, the re-importation falls under the provision for replacement consignments (Sr. No. 5) rather than the general re-importation entry (Sr. No. 1). Consequently the appellant may retain the export benefits taken on the original export, is not liable to reverse them with interest, and the amount surrendered to clear the re-imported goods must be refunded on application.
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