Transfer pricing and tax deductions upheld on established principles, while employee contributions and warranty provisions returned for fresh examinat...
Captive transfer pricing relies on industrial consumer tariffs, while genuine quotations can benchmark effluent treatment transfers under the Other Me...
Specific tariff classification for ophthalmic instruments and extended limitation principles determine the treatment of duty demands, confiscation, an...
Integrated golf function determines classification, placing launch monitors and simulators under other golf equipment rather than measuring instrument...
Public servant status under anti-corruption law extends to recognised stock exchange leadership; constitutional and sanction challenges do not succeed...
Acquiescence, homebuyer protection and clean-slate resolution principles prevent landowners from disrupting an integrated project through late termina...
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The HC held that a post-import obligation under an exemption notification may continue after rescission, and Section 159A can preserve action despite withdrawal or modification of the notification, but only within the statutory limitation period. Proceedings for confiscation, fine in lieu of confiscation, and penalty remained subject to Section 28 limitation. Because the show cause notice was issued beyond five years from the relevant date, the penal proceedings were time-barred and could not be sustained. The court distinguished the cited precedent on the ground that the notice there had been issued within time.
The HC held that a post-import obligation under an exemption notification may continue after rescission, and Section 159A can preserve action despite withdrawal or modification of the notification, but only within the statutory limitation period. Proceedings for confiscation, fine in lieu of confiscation, and penalty remained subject to Section 28 limitation. Because the show cause notice was issued beyond five years from the relevant date, the penal proceedings were time-barred and could not be sustained. The court distinguished the cited precedent on the ground that the notice there had been issued within time.
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