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Archive: 20 September 2024

Posts in 20 September 2024

HC Must Provide Clear Findings on Each Charge When Reversing Acquittal: SC

September 20, 2024 423 Views 0 comment Print

SC mandates that High Courts provide clear findings on each charge when reversing trial court acquittals, as seen in Ramesh vs State of Karnataka judgment.

PSU Stocks Included in NSE’s ASM Framework from 23rd Sept 2024

September 20, 2024 1974 Views 0 comment Print

NSE ASM framework now includes PSU stocks from September 2024, tightening surveillance on price movements and volatility for better market integrity.

Customs Broker Not Handling Export Consignment Not in Violation of Regulations 10(d) & 10(n)

September 20, 2024 3720 Views 0 comment Print

CESTAT Mumbai held that appellants Customs Broker (CB) was not handling the export consignment hence it cannot be said that they had violated Regulation 10(d) and 10(n). Thus, revocation of license unjustified.

Election Code of conduct & Staff Ill Health: ITAT Bangalore Condoned Delay in Filing Appeal

September 20, 2024 369 Views 0 comment Print

ITAT Bangalore held that delay in filing of an appeal due to election code of conduct and ill health of staff is sufficient cause and accordingly condonation of 25 days in filing of an appeal granted.

HC allows Provisional Release of Second-Hand Specialized Equipment on Deposit of Enhanced Duty

September 20, 2024 243 Views 0 comment Print

Madras High Court directed provisional release of Second-hand Highly Specialized Equipment – Digital Multifunction Print, Copying & Scanning Machines imported prior to notification no. 13/2024-2025 on deposit of enhanced duty amount.

Entry tax cannot be more than sales tax/VAT levied on goods: Madras HC

September 20, 2024 261 Views 0 comment Print

Madras High Court held that the entry tax on the goods imported from the other States cannot be more than the sales tax/VAT levied on the goods manufactured within the State. Thus, difference between entry tax paid and local sales tax leviable should be refunded back.

Passing of speaking order mandatory in case of re-assessment of Bill of Entry: CESTAT Delhi

September 20, 2024 384 Views 0 comment Print

The Commissioner (Appeals), however, proceed to imagine grounds for enhancement of the value and dealt with them. This exercise was really not required to be undertaken by the Commissioner (Appeals).

Additional document having material impact on proceedings needs verification hence matter remanded: Madras HC

September 20, 2024 249 Views 0 comment Print

Thereafter, the petitioner lodged objections on 10.03.2022. The impugned Draft Assessment Order was issued thereafter on 30.03.2022 u/s. 144C of the Act. Being aggrieved, the present writ is filed.

Order passed without considering reply and granting opportunity of being heard is unsustainable: Madras HC

September 20, 2024 1014 Views 0 comment Print

Madras High Court held that passing of order without considering the reply and without providing any opportunity of being heard is in violation of principles of natural justice and accordingly liable to be set aside.

Duty demand and attachment of bank account without opportunity of being heard unjustified: Madras HC

September 20, 2024 321 Views 0 comment Print

Held that the intimations and notices were uploaded in the ‘Additional Notices’ tab instead of the ‘Notices’ tab, and the petitioner, lacking computer knowledge, had entrusted this duty to a local tax consultant who, due to poor health, failed to notice the same.

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