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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Amendment by substitution to condition (6) of an exemption notification inserting the word "premises" was held capable of retrospective operation and must receive a beneficial construction where it remedies an obvious omission, making the importer eligible; accordingly, departmental reliance on the original text when issuing a show cause notice that post dated the substituted condition was legally erroneous. The show cause notice and consequent orders were quashed and the appellant was directed to receive benefits under the notification as amended, with consequential payment ordered.
Amendment by substitution to condition (6) of an exemption notification inserting the word "premises" was held capable of retrospective operation and must receive a beneficial construction where it remedies an obvious omission, making the importer eligible; accordingly, departmental reliance on the original text when issuing a show cause notice that post dated the substituted condition was legally erroneous. The show cause notice and consequent orders were quashed and the appellant was directed to receive benefits under the notification as amended, with consequential payment ordered.
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