Extended limitation fails without specific suppression allegations, while overseas employee secondment remains taxable as manpower supply within norma...
Time-share accommodation classification excludes Club or Association Service where purchasers receive contractual occupancy rights without genuine mem...
CENVAT credit for trading requires reversal, while taxable-service rental credit remains proportionately available and limitation issues await resolut...
Vicarious liability for dishonoured company cheques may extend to non-signatory directors where complaints contain foundational responsibility avermen...
Quashing of criminal proceedings is confined to exceptional cases where the FIR or charge-sheet, even if taken at face value, discloses no offence; here, the High Court held that departmental records, returns, software-generated data, bank details and witness statements disclosed a prima facie cognizable offence. The plea that the dispute fell exclusively under the VAT statute was rejected because a special fiscal remedy does not bar penal prosecution where allegations also indicate deception and fraudulent conduct. Objections based on sanction, reassessment, rival witness versions, alleged principal offender status, tax payment and delay were treated as disputed factual issues for trial. The petition for quashing was dismissed and the prosecution was allowed to continue.
Quashing of criminal proceedings is confined to exceptional cases where the FIR or charge-sheet, even if taken at face value, discloses no offence; here, the High Court held that departmental records, returns, software-generated data, bank details and witness statements disclosed a prima facie cognizable offence. The plea that the dispute fell exclusively under the VAT statute was rejected because a special fiscal remedy does not bar penal prosecution where allegations also indicate deception and fraudulent conduct. Objections based on sanction, reassessment, rival witness versions, alleged principal offender status, tax payment and delay were treated as disputed factual issues for trial. The petition for quashing was dismissed and the prosecution was allowed to continue.
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