International transaction characterisation of domestic divestment of support services business rejected; transaction between resident associated enter...
Minimum Import Price restrictions for Black Pepper, Areca-nuts and Apples upheld; procedural laying failure not fatal, notifications to be placed befo...
Transaction value between related persons requires market-equivalent pricing; importer must prove declared value mirrors ordinary international trade ...
Classification of exported insecticides under export tariff affirmed; reclassification and related penalties set aside and MEIS scrip jurisdiction rec...
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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