Independent show-cause notices remain separate proceedings, while customs adjudication challenges should ordinarily follow the statutory appellate rem...
Institutional incapacity in customs settlement proceedings excludes non-functional quorum periods from statutory disposal timelines, preventing automa...
Interactive touchscreen panels with integrated computing functions fall under automatic data-processing machines rather than display monitors for cust...
Ex parte injunction service requirements were substantially met, while civil recovery and SFIO investigation into provident fund defalcation continued...
Enforcement of resolution-plan directions continues without a Supreme Court stay, preventing suspension of redistribution and escrowed-fund distributi...
Third-party ownership claims over attached property require Special Court adjudication where purchasers lack registered sale deeds and bona fides rema...
Pure-agent reimbursements in clearing and forwarding services are excluded from taxable value when qualifying third-party payments are properly record...
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Allegations of coercive GST recovery during search failed where panchnamas, the written undertaking and recorded answers showed the taxpayer admitted the liability, agreed to pay after temporary registration, and stated the statement was made without pressure or threat; prolonged silence without complaint also undermined the coercion plea. FORM GST DRC-04 issued later was treated as mere acknowledgment of voluntary payment, with no prescribed time limit and no prejudice shown. Refund was unavailable because the tax, interest and penalty had been voluntarily discharged on the basis of search material, and refund lies only where tax was not payable or was paid in excess.
Allegations of coercive GST recovery during search failed where panchnamas, the written undertaking and recorded answers showed the taxpayer admitted the liability, agreed to pay after temporary registration, and stated the statement was made without pressure or threat; prolonged silence without complaint also undermined the coercion plea. FORM GST DRC-04 issued later was treated as mere acknowledgment of voluntary payment, with no prescribed time limit and no prejudice shown. Refund was unavailable because the tax, interest and penalty had been voluntarily discharged on the basis of search material, and refund lies only where tax was not payable or was paid in excess.
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