Independent show-cause notices remain separate proceedings, while customs adjudication challenges should ordinarily follow the statutory appellate rem...
Institutional incapacity in customs settlement proceedings excludes non-functional quorum periods from statutory disposal timelines, preventing automa...
Interactive touchscreen panels with integrated computing functions fall under automatic data-processing machines rather than display monitors for cust...
Ex parte injunction service requirements were substantially met, while civil recovery and SFIO investigation into provident fund defalcation continued...
Enforcement of resolution-plan directions continues without a Supreme Court stay, preventing suspension of redistribution and escrowed-fund distributi...
Third-party ownership claims over attached property require Special Court adjudication where purchasers lack registered sale deeds and bona fides rema...
Pure-agent reimbursements in clearing and forwarding services are excluded from taxable value when qualifying third-party payments are properly record...
Section 39 permits personal recovery of a company's tax dues from a Director only after considering the availability of company assets, whether the person was a Director when the dues arose, and whether non-recovery resulted from negligence, misfeasance or breach of duty. The Director bears the statutory burden of establishing that non-recovery was not attributable to such conduct. Recovery from personal assets requires a hearing and a reasoned order on these matters, while recovery may first be pursued against company assets and subsequently against Directors under the statutory scheme.
Section 39 permits personal recovery of a company's tax dues from a Director only after considering the availability of company assets, whether the person was a Director when the dues arose, and whether non-recovery resulted from negligence, misfeasance or breach of duty. The Director bears the statutory burden of establishing that non-recovery was not attributable to such conduct. Recovery from personal assets requires a hearing and a reasoned order on these matters, while recovery may first be pursued against company assets and subsequently against Directors under the statutory scheme.
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