Transferable duty credit scrips validity and bona fide transferee entitlement to exemption upheld where scrips were subsisting at import, appeals allo...
Classification of knocked down motor vehicle component imports: Notification benefit denied because items are standalone non kit parts requiring subst...
Reassessment against a deceased assessee: procedural defect mandates fresh reassessment; nonresponsive petitioner may be treated as legal representati...
Where an attached residential property remained in the applicant's self-occupation, the Tribunal applied Vijay Madanlal Chaudhary to hold that taking physical possession before confiscation is exceptional, not routine. As no exceptional circumstance was shown and the Directorate did not establish any basis to displace the occupant, the applicant could retain possession and no notional rent could be demanded for the self-occupied property. The Tribunal also noted that the pending modification application had not been adjudicated earlier. The rights of mortgagee banks and secured creditors to proceed in accordance with law were left unaffected.
Where an attached residential property remained in the applicant's self-occupation, the Tribunal applied Vijay Madanlal Chaudhary to hold that taking physical possession before confiscation is exceptional, not routine. As no exceptional circumstance was shown and the Directorate did not establish any basis to displace the occupant, the applicant could retain possession and no notional rent could be demanded for the self-occupied property. The Tribunal also noted that the pending modification application had not been adjudicated earlier. The rights of mortgagee banks and secured creditors to proceed in accordance with law were left unaffected.
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