Deductibility for charitable donations affirmed where payments to approved relief funds, even if CSR-driven, qualify under the donation deduction sche...
Mis-declaration in import descriptions must be deliberate to justify confiscation; withheld contemporaneous import documents invalidate value redeterm...
Liability for EPCG export shortfall: duty and interest sustained, but confiscation and penalties quashed where no fraud and causes beyond importer con...
Writ jurisdiction against a show cause notice is not barred in all cases and may be invoked where there is patent lack of jurisdiction, abuse of process, non-application of mind or breach of natural justice; the High Court's refusal to entertain the challenge on maintainability alone was therefore unjustified. Under Section 37A FEMA, seizure depends on a substantive "reason to believe" that the foreign asset is held in contravention of Section 4, and refusal by the Competent Authority to confirm seizure is a considered finding that the threshold was not met. The High Court and the final adjudication order were set aside because they proceeded as if seizure had been confirmed and impaired the pending departmental appeal; the matter was restored to the show cause stage, with the appeal to be decided first.
Writ jurisdiction against a show cause notice is not barred in all cases and may be invoked where there is patent lack of jurisdiction, abuse of process, non-application of mind or breach of natural justice; the High Court's refusal to entertain the challenge on maintainability alone was therefore unjustified. Under Section 37A FEMA, seizure depends on a substantive "reason to believe" that the foreign asset is held in contravention of Section 4, and refusal by the Competent Authority to confirm seizure is a considered finding that the threshold was not met. The High Court and the final adjudication order were set aside because they proceeded as if seizure had been confirmed and impaired the pending departmental appeal; the matter was restored to the show cause stage, with the appeal to be decided first.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4807
Join Channel
TaxTMI 
