Pre-existing operational debt disputes require genuine evidence, while undirected running-account payments may be appropriated on a first-in-first-out...
Agency in CNG distribution makes outlet operators commission agents, rendering taxable Business Auxiliary Service rather than purchasing goods for res...
Composite inpatient healthcare supply may retain exemption despite MRP medicine billing, while separate taxable sale characterisation remains disputed...
Working-capital adjustment determines whether software-services transfer-pricing margins fall within the statutory tolerance range, eliminating any ad...
Permanent establishment deductions upheld for expatriate salaries, direct costs and trading losses, while head-office costs require fresh classificati...
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Fraud classification under the RBI Fraud Master Circular, 2024 requires a reasoned order addressing the relevant facts, the noticee's submissions and the reasons for rejecting them. An order that merely reproduces forensic-audit observations and the show-cause notice, without dealing with defences, reflects non-application of mind and cannot sustain classification. The discussion further notes that proceedings against a former non-executive director were unsustainable for the audit review period where the forensic report attributed no fraudulent transaction or allegation to that director and no personal guarantee was produced. The fraud-classification order was set aside, with no permission to recommence proceedings for that period.
Fraud classification under the RBI Fraud Master Circular, 2024 requires a reasoned order addressing the relevant facts, the noticee's submissions and the reasons for rejecting them. An order that merely reproduces forensic-audit observations and the show-cause notice, without dealing with defences, reflects non-application of mind and cannot sustain classification. The discussion further notes that proceedings against a former non-executive director were unsustainable for the audit review period where the forensic report attributed no fraudulent transaction or allegation to that director and no personal guarantee was produced. The fraud-classification order was set aside, with no permission to recommence proceedings for that period.
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