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...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Deductibility of settlement payments for securities law penalties and treatment of unexplained cash credits in share trading -- Tribunal upholds posit...
A HC set aside CESTAT's order granting provisional release of goods because it was non-speaking and did not address the Customs Department's objections, including the absence of BIS certificates for the subject goods. The court held that an order affecting release could not stand without reasons dealing with the objections raised. It quashed the miscellaneous order and directed the Tribunal to decide the pending customs appeal expeditiously on merits, while recording the Department's undertaking not to destroy or alienate the goods until disposal of the appeal.
A HC set aside CESTAT's order granting provisional release of goods because it was non-speaking and did not address the Customs Department's objections, including the absence of BIS certificates for the subject goods. The court held that an order affecting release could not stand without reasons dealing with the objections raised. It quashed the miscellaneous order and directed the Tribunal to decide the pending customs appeal expeditiously on merits, while recording the Department's undertaking not to destroy or alienate the goods until disposal of the appeal.
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