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    <title>2026 (1) TMI 222 - MADRAS HIGH COURT</title>
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    <description>The dominant issue was whether the tribunal, in an appeal filed only by the assessee, could set aside the adjudicating authority&#039;s unchallenged direction permitting redemption on payment of fine and re-export, and instead order absolute confiscation. The HC held that, although the tribunal has wide powers under s.129B, it must act &quot;thereon&quot; within the scope of issues arising from the appeal; since the Department neither appealed under s.129A(2) nor filed cross-objections under s.129A(4), the redemption/re-export direction had attained finality and could not be disturbed. The tribunal&#039;s interference was therefore in excess of jurisdiction; the appeal was allowed in favour of the assessee.</description>
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    <pubDate>Tue, 16 Dec 2025 00:00:00 +0530</pubDate>
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      <title>2026 (1) TMI 222 - MADRAS HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=784466</link>
      <description>The dominant issue was whether the tribunal, in an appeal filed only by the assessee, could set aside the adjudicating authority&#039;s unchallenged direction permitting redemption on payment of fine and re-export, and instead order absolute confiscation. The HC held that, although the tribunal has wide powers under s.129B, it must act &quot;thereon&quot; within the scope of issues arising from the appeal; since the Department neither appealed under s.129A(2) nor filed cross-objections under s.129A(4), the redemption/re-export direction had attained finality and could not be disturbed. The tribunal&#039;s interference was therefore in excess of jurisdiction; the appeal was allowed in favour of the assessee.</description>
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      <pubDate>Tue, 16 Dec 2025 00:00:00 +0530</pubDate>
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