Statutory transfer formalities invalidated alleged share and property transfers, while retrospective record manipulation constituted oppression and mi...
Provisional attachment of laundered funds and equivalent-value property sustained, with statutory protection limited to pension, gratuity and providen...
Insolvency moratorium does not shield company officers from cheque dishonour prosecution for liability arising before corporate insolvency proceedings...
Pan-India jurisdiction of specified Central Excise Officers for service-tax investigations is examined through the meaning of "local limits" under the Service Tax Rules. The notes explain that the Board's power to appoint and invest officers under Chapter V of the Finance Act, 1994 can extend to all-India territorial limits, and that later notifications do not curtail independently conferred powers. They also address overlapping jurisdiction, requiring the specified adjudicating authority to proceed with the relevant show-cause notice. Pre-show-cause-notice consultation under the departmental Master Circular is described as recommendatory rather than mandatory, so its omission does not invalidate notices; factual challenges to original orders remain subject to statutory appellate remedies.
Pan-India jurisdiction of specified Central Excise Officers for service-tax investigations is examined through the meaning of "local limits" under the Service Tax Rules. The notes explain that the Board's power to appoint and invest officers under Chapter V of the Finance Act, 1994 can extend to all-India territorial limits, and that later notifications do not curtail independently conferred powers. They also address overlapping jurisdiction, requiring the specified adjudicating authority to proceed with the relevant show-cause notice. Pre-show-cause-notice consultation under the departmental Master Circular is described as recommendatory rather than mandatory, so its omission does not invalidate notices; factual challenges to original orders remain subject to statutory appellate remedies.
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