Invoice-based recovery claims remain time-barred despite separate winding-up proceedings, absent valid acknowledgment or part-payment of the disputed ...
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...
Penalty for abetment under customs law could not be sustained where the show cause notice alleged only breach of authorised courier obligations under Regulation 13 of the Courier Imports and Exports (Clearance) Regulations, 1998, and did not specifically allege abetment. The Tribunal noted that Section 112(a) penalty was imposed on an abetment basis without the necessary allegation, making the penalty untenable. It also observed that proceedings under the courier regulations had already been dropped in the appellant's favour, so the alleged regulatory contravention could not support the penalty.
Penalty for abetment under customs law could not be sustained where the show cause notice alleged only breach of authorised courier obligations under Regulation 13 of the Courier Imports and Exports (Clearance) Regulations, 1998, and did not specifically allege abetment. The Tribunal noted that Section 112(a) penalty was imposed on an abetment basis without the necessary allegation, making the penalty untenable. It also observed that proceedings under the courier regulations had already been dropped in the appellant's favour, so the alleged regulatory contravention could not support the penalty.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4803
Join Channel
TaxTMI 
