Section 129DD permits the revisional authority to annul or modify an appellate customs order and, absent an express prohibition, remit confiscation and redemption proceedings for fresh adjudication. Revisional review may correct an appellate finding that overlooks material evidence, including circumstances relevant to a purchase invoice and the claimant's burden to prove lawful import, without finally deciding redemption or confiscation. A separate show-cause notice is required only for enhancement of penalty or fine or confiscation of goods of greater value; it is unnecessary for remand where the affected party has been heard. Statutory revision time limits cannot be enlarged under the Limitation Act, but a limitation challenge fails where the communication date is unproved. The writ petition was dismissed and remand sustained.

RBD Palmolein described in contemporaneous shipping and vessel records was classified as palm oil other than crude palm oil, so the concession available only to crude palm oil was denied. Reliable electronic correspondence and third-party shipping records, supported by other material and disclosed to the importer, were admissible in customs adjudication despite certification defects. Material misdeclaration sustained extended recovery and confiscation. The applicable duty rate required limited verification and recomputation, with statutory interest following. Redemption fine was reduced as disproportionate, and the misdeclaration penalty was limited to recomputed differential duty. A separate penalty for false documents was deleted because no distinct knowingly false document beyond the import declaration was identified.

Unchallenged order-in-original conditions requiring payment of customs duty, redemption fine and penalty for release of detained gold jewellery cannot be assailed indirectly after the available remedies against that order were not pursued. Earlier writ proceedings directing release in accordance with the order do not determine its validity. Recovery of customs duty as a condition of redemption therefore remains enforceable. Detention charges recovered on release may be challenged only upon establishing that their recovery contravened statutory provisions; no such statutory infirmity was shown.

Classification of imported stainless-steel melting scrap requires consignment-specific, reliable evidence; test reports for later consignments cannot displace a separately finalised assessment. Pre-shipment inspection and Chartered Engineer reports identifying goods as scrap remain material where chemical or laboratory evidence is inadequate, and buyer statements not tested under the prescribed evidentiary procedure cannot establish prime material. Uniform dimensions or orderly stacking do not alone establish prime material, while revaluation requires support for additional consideration. Goods cleared without bond or undertaking and unavailable for confiscation cannot be absolutely confiscated. Director penalties require a specific basis f.....

Refund of duplicated customs-duty payment may not be denied merely because an ICEGATE challan was not generated for the first payment. Where the importer provides the banking and payment records required by the Public Notice, verification through PAO/e-PAO and ICEGATE falls to the proper officer; an unavailable challan resulting from departmental system failure cannot be imposed as a refund condition. Refunds processed under the procedure for customs-duty refunds attract statutory interest where payment is not made within the prescribed period, at the rate notified by the Government.

Secured creditors must clearly and timely elect to realise a security interest outside the liquidation estate; merely recording a security interest in Form D does not communicate that election. An email sent after a compromise scheme fails cannot retrospectively cure non-compliance with Regulation 21A. Participation and voting in the Stakeholders' Consultation Committee are relevant, while consideration of a scheme under the Companies Act neither suspends nor extends the election period. Consequently, without a valid timely election, hypothecated assets remain in the liquidation estate and cannot be realised independently.

Corporate veil lifting for real estate project resolution treated the developer and the land-owning special purpose company as a single economic entity, bringing the leasehold land within the restored resolution plan. Allottee claims arising from the same project were addressed through completion and delivery under that plan, leaving no independently due debt to support a separate insolvency process. A parallel CIRP over the project land would impose a moratorium and vest management in an insolvency professional, obstructing implementation of the restored plan. The Monitoring Committee responsible for plan implementation had standing as an aggrieved person, and binding Supreme Court precedent required consideration. Allottees' remedy lay in enforcing the restored plan.

Suspension of an insolvency professional's registration renders the professional ineligible to continue in any ongoing insolvency process, rather than only the assignment underlying disciplinary action. Regulation 13(7) requires intimation of the suspension to the relevant Committees of Creditors and the Adjudicating Authority, operating separately from the Committee's commercial power to replace an otherwise eligible resolution professional. Challenges concerning disclosure, valuation, statutory recourse and disciplinary procedure raised issues for final consideration but did not establish a prima facie case, balance of convenience or irreparable injury. Interim stay of the disciplinary suspension was therefore declined, without determining the main appeal's merits.

FEMA adjudication concerning under-invoiced imports remains independent of Customs valuation and duty proceedings, and statements recorded under the Customs Act may be considered. Seized electronic records carry a rebuttable presumption of truth where their integrity is established; unrebutted records and related statements can prove foreign-exchange contraventions on a preponderance-of-probabilities standard. Contraventions may be sustained for documented import entries, but projections or extrapolations from electronic data require corroborative evidence and cannot alone support allegations. A person in charge of a company is personally liable for established corporate contraventions to the same evidence-based extent.

Specific nil-rate exemption entries for namkeen and similar edible preparations apply to Cheese Balls and Bhujia cleared in sealed retail pouches. Cheese Balls fall within the specific entry for similar ready-to-consume edible preparations, while the residual packaged-food entry applies only where no specific description covers the goods; sealed packaging does not displace the specific exemption. Bhujia is expressly covered by a separate specific entry, and its sealed-container restriction cannot be imported from a differently worded residual entry. Classification under Tariff Item 2106 90 99 remains within sub-heading 2106 90, so it does not exclude eligibility where the exemption refers to that sub-heading. Nil-rate treatment consequently applies and related duty, interest and penalties are unsustainable.

Other misconduct - scope of disciplinary proceedings - complaint not withdrawable once filed - application of pre-amendment law to pending matters - limited scope of judicial interference under Article 226 - removal from Register of Members as disciplinary punishment HELD THAT:- We see no reason to interfere with the order of the High Court [2024 (11) TMI 1274 - DELHI HIGH COURT], in exercise of our jurisdiction under Article 136 of the Constitution of India. The present petition is, accor... ... ...

Clubbing of clearances - Lifting of corporate veil - Pervasive financial and management control - SSI exemption aggregation - Suppression of material facts and extended period of limitation HELD THAT:- Appeals dismissed, no ground being found to interfere with the impugned order[2016 (11) TMI 868 - CESTAT BANGALORE]... ... ...

Delay of 451 days in filing the appeal - Appellant has urged that he was unable to seek legal advice. Secondly that he had followed the directions contained in the order passed by the WTM and issued public notice and was under the impression that the matter was closed. Thirdly, that appellant's father was unwell - HELD THAT:- The Tribunal refused to condone the delay because appellant had already taken legal action in 2022, so the excuse of no legal assistance was rejected. By complying with the... ... ...

TP Adjustment - Letter of comfort/corporate guarantee commission - Expenditure relating to exempt income-Rule 8D disallowance - Club subscription expenditure-Business purpose and personal use - Interconnected assessment years-Sequential adjudication - Weighted deduction for approved in-house research and development facilities - Foreign-currency forward contracts-Revenue or capital loss - Additional depreciation-Carried-forward balance allowance Transfer pricing Adjustment - Corporate guarant... ... ...

Estimation of profits without rejection of books of account Estimated profits from the residential project 'Ambience Greendale' without rejection of the regularly maintained and audited books of account - HELD THAT: - The Assessing Officer neither identified any discrepancy in the financial statements nor rejected the books of account before estimating the project's profits. Comparison with projects eligible for deduction under section 80IB(10) was untenable without accounting for... ... ...

Estimation of net profit after rejection of books - Reference to DVO for sale below stamp duty value - Unrecorded cash sales after profit estimation - Unexplained bank deposits after profit estimation - TDS disallowance after rejection of books Estimation of net profit after rejection of books - Estimation of net profit at 5% on gross receipts and unrecorded sales of flats after rejection of books - HELD THAT: - The earlier year in which the assessee had maintained regular books and filed its... ... ...

Prior approval under section 153D - Separate approval for each assessment year - Mechanical approval Validity of assessments passed under sections 143(3) and 153A pursuant to a composite and mechanically granted approval under section 153D - HELD THAT: - Prior approval under section 153D is an in-built statutory safeguard which must be separately obtained for each assessment year and must reflect independent application of mind to the draft assessment orders and record. The composite approval... ... ...

Validity of scrutiny notice issued without pecuniary jurisdiction - Section 124(3) and pecuniary jurisdiction - Binding CBDT jurisdictional instruction - Validity of assessment framed under section 144 for want of a valid section 143(2) notice issued by the officer having pecuniary jurisdiction under the applicable CBDT instruction - HELD THAT: - The CBDT instruction allocating cases by returned income was binding on the field authorities. Since the assessee's returned income placed the c... ... ...

Foreign tax credit denied - directory requirement of Form 67 - delayed filing of Form 67 - HELD THAT: - Following the Tribunal's earlier order in the assessee's own case [2024 (4) TMI 343 - ITAT DELHI] and applying judicial consistency, the Tribunal held that filing or uploading Form 67 is directory and not mandatory. Since the form had subsequently been filed, the foreign tax credit claim could not be denied solely for delay in such filing. [Paras 4] The foreign tax credit claim w... ... ...

Section 11 exemption - belated furnishing of Form 10B - Appellate remedy notwithstanding rejection of condonation Entitlement to exemption under section 11 where Form 10B was furnished after the prescribed time but was available while the return was processed, notwithstanding rejection of the condonation application - HELD THAT: - Following the coordinate ruling [2025 (8) TMI 1877 - ITAT CHENNAI] the Tribunal held that delayed furnishing of Form 10B does not automatically disentitle an assess... ... ...