Natural justice in insolvency-professional discipline requires disclosed material; notices based on extraneous material and ignored defences are vitia...
Development rights transfers treated as immovable property, while construction abatement applies and repeated non-payment permits extended service-tax...
Income Disclosure Scheme immunity and search-material requirements barred further share-transaction additions in unabated assessments under section 15...
Customs authorities lacked jurisdiction to reopen or demand duty on alleged wrongful availment of MEIS benefits while the DGFT scrips remained valid and subsisting. The Court held that such incentives arise under the foreign trade policy and must be dealt with by the licensing authority; Section 28 and Section 28AAA of the Customs Act were wrongly invoked because the case did not involve imported goods or any short levy, short payment, non-levy, or non-payment of duty. A penalty under Section 114AA against the customs broker also failed because a mere misdescription in classification, without wilful intent, does not establish mens rea. The Tribunal's order and the penalty were set aside.
Customs authorities lacked jurisdiction to reopen or demand duty on alleged wrongful availment of MEIS benefits while the DGFT scrips remained valid and subsisting. The Court held that such incentives arise under the foreign trade policy and must be dealt with by the licensing authority; Section 28 and Section 28AAA of the Customs Act were wrongly invoked because the case did not involve imported goods or any short levy, short payment, non-levy, or non-payment of duty. A penalty under Section 114AA against the customs broker also failed because a mere misdescription in classification, without wilful intent, does not establish mens rea. The Tribunal's order and the penalty were set aside.
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