Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
Specified income of Baddi Barotiwala Nalagarh Development Authority receives conditional tax exemption, retrospectively covering its designated assess...
Specified development authority income receives retrospective tax exemption, subject to non-commercial activity, unchanged income sources, and return-...
Unified Brand India framework introduces voluntary Trust Mark certification and funding support for export branding, packaging and global promotional ...
Origin Declaration authentication governs preferential tariff claims under India-UK CETA, requiring a validated reference number before import clearan...
Separate assessment orders for different years remain valid when distinct notices and hearing opportunities prevent prejudice from combined proceeding...
Section 129(3) was held to be directory as to the seven-day timelines for issuing notice and passing the penalty order, because the statute uses procedural deadlines to secure expedition but does not make delay fatal to jurisdiction or validity. The Court rejected the view that non-compliance automatically renders detention proceedings time-barred, and found no basis to interfere on limitation where the notice was issued within seven days and the penalty order followed on the eighth day, amounting to substantial compliance. The petitioner, being a registered dealer when the transaction began, was treated as the bona fide owner and was entitled to release of the detained goods and vehicle on deposit, under protest, of an amount equal to the penalty, with liberty to challenge the penalty order separately.
Section 129(3) was held to be directory as to the seven-day timelines for issuing notice and passing the penalty order, because the statute uses procedural deadlines to secure expedition but does not make delay fatal to jurisdiction or validity. The Court rejected the view that non-compliance automatically renders detention proceedings time-barred, and found no basis to interfere on limitation where the notice was issued within seven days and the penalty order followed on the eighth day, amounting to substantial compliance. The petitioner, being a registered dealer when the transaction began, was treated as the bona fide owner and was entitled to release of the detained goods and vehicle on deposit, under protest, of an amount equal to the penalty, with liberty to challenge the penalty order separately.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4816 
Join Channel 
