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...
Penalty on a customs broker was held unsustainable where export consignments were factory-sealed, the seals were found intact on , and the broker had obtained genuine KYC documents, including IEC, PAN, bank details, Aadhaar and self-sealing permission. On those facts, the Tribunal found that Revenue failed to prove that the broker, its director or employees had knowledge of the stuffing of red sanders or any attempt to export contraband goods. As knowledge of the prohibited goods was not established, no penalty could be imposed and the penalties on all appellants were set aside.
Penalty on a customs broker was held unsustainable where export consignments were factory-sealed, the seals were found intact on , and the broker had obtained genuine KYC documents, including IEC, PAN, bank details, Aadhaar and self-sealing permission. On those facts, the Tribunal found that Revenue failed to prove that the broker, its director or employees had knowledge of the stuffing of red sanders or any attempt to export contraband goods. As knowledge of the prohibited goods was not established, no penalty could be imposed and the penalties on all appellants were set aside.
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