Independent show-cause notices remain separate proceedings, while customs adjudication challenges should ordinarily follow the statutory appellate rem...
Institutional incapacity in customs settlement proceedings excludes non-functional quorum periods from statutory disposal timelines, preventing automa...
Interactive touchscreen panels with integrated computing functions fall under automatic data-processing machines rather than display monitors for cust...
Ex parte injunction service requirements were substantially met, while civil recovery and SFIO investigation into provident fund defalcation continued...
Enforcement of resolution-plan directions continues without a Supreme Court stay, preventing suspension of redistribution and escrowed-fund distributi...
Third-party ownership claims over attached property require Special Court adjudication where purchasers lack registered sale deeds and bona fides rema...
Pure-agent reimbursements in clearing and forwarding services are excluded from taxable value when qualifying third-party payments are properly record...
Contravention of the NRNR account regulations attracted penalty against both the authorised dealer and the account holders, because the scheme required the account to be opened only by a non-resident person from funds remitted from outside India, and Section 13(1) of FEMA applied to any person who contravened the Act or regulations. The later omission of Regulation 5(1)(iv) did not extinguish liabilities already incurred, since repeal by omission does not erase prior violations absent contrary intent, so the challenge to the show cause notices failed. Confiscation, however, was set aside because the adjudicating authority and tribunal gave no reasons for ordering it, despite the discretionary nature of Section 13(2) and the repayment of the loan through maturity proceeds.
Contravention of the NRNR account regulations attracted penalty against both the authorised dealer and the account holders, because the scheme required the account to be opened only by a non-resident person from funds remitted from outside India, and Section 13(1) of FEMA applied to any person who contravened the Act or regulations. The later omission of Regulation 5(1)(iv) did not extinguish liabilities already incurred, since repeal by omission does not erase prior violations absent contrary intent, so the challenge to the show cause notices failed. Confiscation, however, was set aside because the adjudicating authority and tribunal gave no reasons for ordering it, despite the discretionary nature of Section 13(2) and the repayment of the loan through maturity proceeds.
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