Independent show-cause notices remain separate proceedings, while customs adjudication challenges should ordinarily follow the statutory appellate rem...
Institutional incapacity in customs settlement proceedings excludes non-functional quorum periods from statutory disposal timelines, preventing automa...
Interactive touchscreen panels with integrated computing functions fall under automatic data-processing machines rather than display monitors for cust...
Ex parte injunction service requirements were substantially met, while civil recovery and SFIO investigation into provident fund defalcation continued...
Enforcement of resolution-plan directions continues without a Supreme Court stay, preventing suspension of redistribution and escrowed-fund distributi...
Third-party ownership claims over attached property require Special Court adjudication where purchasers lack registered sale deeds and bona fides rema...
Pure-agent reimbursements in clearing and forwarding services are excluded from taxable value when qualifying third-party payments are properly record...
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The High Court held that an officer who had earlier issued audit observations could not thereafter pass the ex parte assessment order on the same matter. As the impugned adjudication orders were made by those very officers, the Court found the assessment to be without proper jurisdiction and quashed both the adjudication orders and the consequential recovery proceedings, including bank attachment. The matter was remitted to a proper officer for fresh consideration from the stage of reply to the show-cause notices.
The High Court held that an officer who had earlier issued audit observations could not thereafter pass the ex parte assessment order on the same matter. As the impugned adjudication orders were made by those very officers, the Court found the assessment to be without proper jurisdiction and quashed both the adjudication orders and the consequential recovery proceedings, including bank attachment. The matter was remitted to a proper officer for fresh consideration from the stage of reply to the show-cause notices.
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