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...
Supplies from the Domestic Tariff Area to an SEZ unit were treated as deemed exports under the FTP, so the entitlement to EPCG export benefits had to be tested under Chapter 8 of the FTP rather than by a narrow reading of the SEZ Act. The Court held that Section 2(m)(ii) and Section 53 of the SEZ Act, and Rule 30 of the SEZ Rules, did not extinguish FTP benefits or make Bills of Export the only proof of export obligation. Invoices together with bank realisation certificates were sufficient evidence of compliance, and the review petition failed because absence of Bills of Export alone could not defeat the claim.
Supplies from the Domestic Tariff Area to an SEZ unit were treated as deemed exports under the FTP, so the entitlement to EPCG export benefits had to be tested under Chapter 8 of the FTP rather than by a narrow reading of the SEZ Act. The Court held that Section 2(m)(ii) and Section 53 of the SEZ Act, and Rule 30 of the SEZ Rules, did not extinguish FTP benefits or make Bills of Export the only proof of export obligation. Invoices together with bank realisation certificates were sufficient evidence of compliance, and the review petition failed because absence of Bills of Export alone could not defeat the claim.
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