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...
Conversion of drawback shipping bills into EPCG-authorised shipping bills could not be ed solely because the consignments were not physically examined under the EPCG protocol at export. The Tribunal held that the applicable circulars permitted conversion between export promotion schemes, and the Revenue did not show non-compliance with those conditions. It further found that the absence of examination resulted from RMS selection, not any fault of the exporter, and that the Commissioner had failed to consider contemporaneous evidence, including third-party exporter endorsement and no-objection. A procedural lapse not attributable to the exporter was not fatal to a bona fide amendment claim, so the rejection was set aside and the appeal allowed.
Conversion of drawback shipping bills into EPCG-authorised shipping bills could not be ed solely because the consignments were not physically examined under the EPCG protocol at export. The Tribunal held that the applicable circulars permitted conversion between export promotion schemes, and the Revenue did not show non-compliance with those conditions. It further found that the absence of examination resulted from RMS selection, not any fault of the exporter, and that the Commissioner had failed to consider contemporaneous evidence, including third-party exporter endorsement and no-objection. A procedural lapse not attributable to the exporter was not fatal to a bona fide amendment claim, so the rejection was set aside and the appeal allowed.
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