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Customs penalty requires proof of knowledge or participation, not mere introduction of a freight forwarder or IEC contact.
Customs penalties for facilitating undervalued imports require material proving blameworthy conduct, knowledge of illegality, or participation in the unlawful arrangement. Merely introducing a freight forwarder or supplying a contact who may arrange another person's importer-exporter code does not contravene the Customs Act. Without evidence that the person procured the code, joined the illegal activity, or knew of import undervaluation, allegations do not establish criminal conspiracy or culpable involvement. Penalties under Sections 112(a) and 114AA are therefore unsustainable on those facts.
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Section 7 default proof: authenticated Information Utility records support insolvency admission despite accounting disputes or profitability claims.
Section 7 admission under the Insolvency and Bankruptcy Code requires prima facie documentary proof that a financial debt became due, remains unpaid and exceeds the statutory threshold; final claim quantification, accounting disagreements and profitability do not by themselves negate default. An authenticated Information Utility Record of Default is independently sufficient proof unless rebutted by clear, cogent and compelling material; loan and account documents may collectively establish default on a preponderance-of-probabilities standard. A legally assigned financial debt permits the assignee to proceed as financial creditor, while a finally determined assignment dispute may be barred by issue estoppel. Section 62 review is confined to legal questions and does not permit reassessment of concurrent factual findings absent perversity, lack of evidence, ignored material evidence or an erroneous legal standard.
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Joint development service-tax liability requires proven taxability, correct valuation, and statutory evidence for reverse charge and extended limitation.
Service-tax liability in joint development arrangements depends on contractual rights, consideration, period-wise taxability, correct classification as construction service or works contract, and valuation without duplicating values already taxed. Land or development rights may constitute non-monetary consideration only after taxable character is established. Reverse-charge liability requires proof of each statutory prerequisite, including qualifying GTA documentation, provider status for security and legal services, and supply by an independent manpower provider; ledger entries alone are insufficient. Extended limitation requires fraud, wilful misstatement, or deliberate suppression intended to evade tax, assessed separately for distinct transactions. Penalties depend on the ultimate findings on liability and limitation.
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Written reassessment acceptance preserves valuation challenges where declared import values lack Rule 12-compliant grounds and supporting evidence.
Written acceptance of reassessment under section 17(5) only removes the proper officer's duty to issue a speaking order; it does not waive an importer's statutory right to challenge reassessment, rejection of declared value, or enhancement. Rejection of transaction value requires the proper officer to form and record reasonable doubt under Rule 12 and comply with mandatory communication safeguards. Acceptance letters and NIDB or contemporaneous-import data alone do not establish comparability or provide cogent, justiciable support for enhancement, particularly without particulars of commercial quantity, quality, GSM, and relevant timing. Declared values therefore cannot be displaced on unsubstantiated acceptance letters or external valuation data alone.
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Proprietary security in pledged shares prevails over unspecified negative liens, personal guarantees, and unrecorded oral undertakings.
Priority between competing claims to shares turns on whether proprietary security was actually created. A non-disposal arrangement, personal guarantee, or unspecified negative lien creates only contractual or personal obligations unless it clearly identifies property and establishes an enforceable charge. A later pledge of identified shares, supported by delivery, creates the pawnee's special proprietary interest under the Contract Act and takes priority over such unsecured claims. A subsequent lending facility that discharges earlier lending and pledge arrangements is distinct rather than an assignment of prior security. An unrecorded oral undertaking does not extinguish the later pledge, and one co-owner's guarantee cannot charge jointly held shares without the other co-owner's consent. Asset restoration exceeding the loan claim removes an equitable basis for further claims.
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Share-purchase relief requires established oppression and mismanagement, statutory satisfaction, and a current scrutinised valuation before a buyout direction.
Share-purchase relief under Section 242(2)(b) is consequential upon an application under Section 241 and reasoned satisfaction of the conditions in Section 242(1): oppressive or prejudicial conduct, together with the just-and-equitable winding-up criterion and unfair prejudice to affected members. Consent to valuation or willingness to exit does not displace those statutory preconditions. A statutory buyout also requires independent judicial assessment of valuation reliability; failure to object does not remove that duty. Valuation must reflect the company's current economic position or be sufficiently proximate to the determination date. A stale report merely resubmitted later cannot substitute for a fresh valuation.
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Operational debt proof through tax and ledger records can support insolvency admission despite minor invoice address discrepancies.
Operational debt and default for a Section 9 insolvency application may be established through contemporaneous invoices, e-way bills, tax deduction records, input tax credit claims and the corporate debtor's ledger. A discrepancy limited to the PIN code in address details does not, by itself, negate evidence of supply where the registered address otherwise appears and no timely objection to non-receipt was made. The debtor's ledger may establish that the unpaid operational debt exceeds the Section 4 threshold. A subsequent request for reconciliation does not displace contemporaneous accounting and tax evidence supporting admission.

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VAT and Sales Tax

2007 (12) TMI 436 - HC - VAT and Sales Tax

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Projected bank turnover figures cannot alone justify reassessment without independent evidence of suppressed sales.
Projected turnover figures furnished to a bank for securing loans and enhanced credit facilities could not, by themselves, be treated as actual taxable ... Summary

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Acts Income Tax