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...
Advance Authorisation disputes over duty-free gold turned on whether later-regularised supporting manufacturers and clerical errors in export documents amounted to diversion or breach of the Actual User condition. The Tribunal treated dispatch to manufacturers later endorsed by DGFT as a curable procedural lapse, not unauthorised diversion, and found no basis for confiscation. It also accepted that excess jewellery over the invoice declaration arose from a clerical mistake, with no mens rea or pecuniary gain, so confiscation and redemption fine were unsustainable. Because the gold was seized before expiry of the export-obligation period and remained part of authorised imports, absolute confiscation was also set aside. Penalties failed with the confiscations and were deleted.
Advance Authorisation disputes over duty-free gold turned on whether later-regularised supporting manufacturers and clerical errors in export documents amounted to diversion or breach of the Actual User condition. The Tribunal treated dispatch to manufacturers later endorsed by DGFT as a curable procedural lapse, not unauthorised diversion, and found no basis for confiscation. It also accepted that excess jewellery over the invoice declaration arose from a clerical mistake, with no mens rea or pecuniary gain, so confiscation and redemption fine were unsustainable. Because the gold was seized before expiry of the export-obligation period and remained part of authorised imports, absolute confiscation was also set aside. Penalties failed with the confiscations and were deleted.
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