Provisional attachment of laundered funds and equivalent-value property sustained, with statutory protection limited to pension, gratuity and providen...
Insolvency moratorium does not shield company officers from cheque dishonour prosecution for liability arising before corporate insolvency proceedings...
Advance-ruling mechanism governs pending GST classification, exemption and taxability disputes, limiting writ review once the specialised forum functi...
Proceedings to enforce a post-import exemption condition under Notification No. 64/88 were barred by limitation even though the obligation was continuing in nature. The HC held that section 159A of the Customs Act could not extend the time limit beyond the period prescribed under section 28; after rescission of the notification on 01.03.1994, the outer five-year period expired on 28.02.1999. As the show cause notice was issued only on 27.12.1999, the confiscation action was time-barred. Because the confiscation proceedings failed on limitation, the consequential penalty also could not survive.
Proceedings to enforce a post-import exemption condition under Notification No. 64/88 were barred by limitation even though the obligation was continuing in nature. The HC held that section 159A of the Customs Act could not extend the time limit beyond the period prescribed under section 28; after rescission of the notification on 01.03.1994, the outer five-year period expired on 28.02.1999. As the show cause notice was issued only on 27.12.1999, the confiscation action was time-barred. Because the confiscation proceedings failed on limitation, the consequential penalty also could not survive.
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