The issue involved recovery of export refunds based on Rule 96(10). The Court held that omission of the rule without a saving clause removed the legal basis for such recovery. The key takeaway is that proceedings cannot survive when the underlying rule ceases to exist.
The issue involved excess credit utilisation beyond the 20% cap in certain months. The Tribunal held that the rule does not mandate monthly computation and must be assessed annually. The key takeaway is that compliance with overall yearly limits is sufficient under Rule 6.
The issue was whether valuation should be based on cost under Rule 8 or transaction value. The Tribunal held that Rule 8 does not apply when goods are also sold to independent buyers. The key takeaway is that mixed clearances require valuation under Rule 4, not cost-based valuation.
The issue involved delay in formal arrest despite recovery of contraband at the airport. The Court held that failure to produce the accused before a Magistrate within 24 hours resulted in illegal detention. The key takeaway is that procedural safeguards on arrest must be strictly followed even in NDPS cases.
The issue involved lack of operational GST Tribunal despite its formal constitution. The Court noted that this forces taxpayers to approach the High Court unnecessarily. The key takeaway is that authorities must ensure timely functionality of statutory tribunals.
The issue involved suspension of a Customs Broker licence for alleged lapses in handling an import consignment. The Tribunal held that failure to verify importer credentials and ensure proper examination justified suspension. The key takeaway is that strict due diligence obligations apply to Customs Brokers.
The issue involves overlapping applicability of old and new tax laws. The analysis highlights compliance risks and transitional gaps due to delayed commencement of the new Act. The key takeaway is the need for careful planning during the transition phase.
The issue was excessive compliance burden on brokers due to reporting requirements. It was decided that demat account reporting by brokers is no longer required, reducing duplication and improving efficiency.
SEBI allowed AIFs to retain liquidation proceeds and introduced “inoperative fund” status with lighter compliance. This move reduces unnecessary regulatory burden for inactive funds while maintaining oversight.
The issue involved reduction of RoDTEP benefits to 50% under an earlier notification. The government restored full rates for eligible exports. The key takeaway is that exporters will now receive benefits at pre-restriction levels.
