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...
Regulation 17 required the licensing authority to independently consider the inquiry report, the broker's representation and the material on record before deciding the case; an order that merely adopted the inquiry officer's conclusions without fact-specific findings failed legal scrutiny, so revocation, forfeiture and penalty could not stand. On the alleged overvaluation of export goods, no violation of Regulations 10(a), 10(d), 10(e), 10(f), 10(k) or 10(n) was made out because there were no concrete findings of incorrect advice, withheld material, record-keeping default or failure of antecedent verification, and a Customs Broker had no role in determining export value negotiated between exporter and overseas buyer. Only Regulation 10(q) was attracted for non-participation in the inquiry proceedings, warranting a reduced penalty.
Regulation 17 required the licensing authority to independently consider the inquiry report, the broker's representation and the material on record before deciding the case; an order that merely adopted the inquiry officer's conclusions without fact-specific findings failed legal scrutiny, so revocation, forfeiture and penalty could not stand. On the alleged overvaluation of export goods, no violation of Regulations 10(a), 10(d), 10(e), 10(f), 10(k) or 10(n) was made out because there were no concrete findings of incorrect advice, withheld material, record-keeping default or failure of antecedent verification, and a Customs Broker had no role in determining export value negotiated between exporter and overseas buyer. Only Regulation 10(q) was attracted for non-participation in the inquiry proceedings, warranting a reduced penalty.
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