Maintainability of a Section 7 insolvency petition against a financial service provider denied; appeal dismissed for non maintainability and complex d...
Provisional attachment under Prevention of Money Laundering Act requires exhaustion of statutory remedies; impugned order set aside, appeal to tribuna...
Restoration of property under Prevention of Money Laundering Act after attachment dispute rendered academic; possession directed to successful resolut...
The second proviso to Section 46(3) was applied as a discretionary power, so late fee on delayed supplementary Bills of Entry was not to be levied mechanically in every case. Where the original Bills of Entry had been filed in time, the excess cargo later detected formed part of the same consignments, and the delay was not attributable to the appellant, waiver was justified. The Tribunal also noted the Board circular and departmental SOP requiring charges, fines and penalties to be imposed judiciously, and followed Blueleaf Trading Company as directly applicable. The impugned orders were set aside to the extent of late fee, and consequential relief was granted.
The second proviso to Section 46(3) was applied as a discretionary power, so late fee on delayed supplementary Bills of Entry was not to be levied mechanically in every case. Where the original Bills of Entry had been filed in time, the excess cargo later detected formed part of the same consignments, and the delay was not attributable to the appellant, waiver was justified. The Tribunal also noted the Board circular and departmental SOP requiring charges, fines and penalties to be imposed judiciously, and followed Blueleaf Trading Company as directly applicable. The impugned orders were set aside to the extent of late fee, and consequential relief was granted.
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