Online bond platforms may offer overseas-regulated products and tax-specific bonds subject to disclosures, compliance safeguards and revised complianc...
Corporate guarantee valuation permits actual ascertainable commission while barring retroactive application and extended-period penalties for bona fid...
Proper-officer jurisdiction under UPGST penalty provisions upheld; participation on merits prevents bypassing the statutory appellate remedy through w...
Transitioned CENVAT credit may validly satisfy mandatory pre-deposit requirements for legacy service tax appeals through Electronic Credit Ledger debi...
Building-plan sanction charges require statutory authority; unauthorised fees and GST were quashed, while labour cess must follow prescribed collectio...
Pure-agent exclusion fails where hotel booking facilitators receive third-party services themselves, making entire customer consideration taxable as r...
A repeated Section 94 application by a personal guarantor was held not maintainable after an earlier fresh petition had already been dismissed on merits as time-barred. The tribunal treated the later filing as an identical attempt, noting suppression of the intervening dismissal and a pattern of repeated petitions aimed at securing interim moratorium and delaying recovery. It also rejected the argument that limitation began only from the possession notice, because a separate demand notice had already been issued to the guarantor earlier; the limitation finding based on that earlier notice was upheld. On these facts, the subsequent petition was held barred by res judicata, the abuse of process was found serious, and costs were imposed.
A repeated Section 94 application by a personal guarantor was held not maintainable after an earlier fresh petition had already been dismissed on merits as time-barred. The tribunal treated the later filing as an identical attempt, noting suppression of the intervening dismissal and a pattern of repeated petitions aimed at securing interim moratorium and delaying recovery. It also rejected the argument that limitation began only from the possession notice, because a separate demand notice had already been issued to the guarantor earlier; the limitation finding based on that earlier notice was upheld. On these facts, the subsequent petition was held barred by res judicata, the abuse of process was found serious, and costs were imposed.
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