Customs valuation and import permissibility conflict resolved: accepted enhancement of transaction value removes liability for confiscation and penalt...
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...
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Limitation under the I&B Code is a strict statutory regime, and a party cannot extend the appellate period by first pursuing writ proceedings instead of the prescribed appeal. The Tribunal held that where the writ petitions were filed after expiry of the original limitation period and were later not entertained due to availability of an effective alternative remedy, the time spent there could not be excluded to revive an otherwise time-barred appeal. Applying the principle that a special statute prevails over the general law, it treated the request to condone delay as beyond jurisdiction and dismissed the appeals as barred by limitation.
Limitation under the I&B Code is a strict statutory regime, and a party cannot extend the appellate period by first pursuing writ proceedings instead of the prescribed appeal. The Tribunal held that where the writ petitions were filed after expiry of the original limitation period and were later not entertained due to availability of an effective alternative remedy, the time spent there could not be excluded to revive an otherwise time-barred appeal. Applying the principle that a special statute prevails over the general law, it treated the request to condone delay as beyond jurisdiction and dismissed the appeals as barred by limitation.
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