Governmental authority status supports construction-service exemption, while pre-cutoff contract and stamp-duty compliance requires verification on re...
Automated Free Sale and Commerce Certificates enable paperless processing while retaining risk-based manual verification for selected exporter applica...
Employee stock-shortage penalties do not constitute consideration for services, preventing GST collection under Schedule II in employment relationship...
Benami transaction - Validity of summons issued u/s 19 and the provisional order of attachment - The court found no ex facie erroneous assumption of jurisdiction by the Investigating Authority under the Benami Act. The transactions were within the ambit of the Benami Act, as amended in 2016, particularly under Section 2(9)(D), which deals with transactions where the person providing the consideration is fictitious or not traceable. - The court ruled that the petitioner-company's transactions fell within the scope of the Benami Act, particularly after the 2016 Amendment. The court found that the procedure under the Act, including the issuance of a show-cause notice without a prior hearing, does not violate principles of natural justice, as the Act provides a detailed adjudication process with opportunities for hearing at later stages.
Benami transaction - Validity of summons issued u/s 19 and the provisional order of attachment - The court found no ex facie erroneous assumption of jurisdiction by the Investigating Authority under the Benami Act. The transactions were within the ambit of the Benami Act, as amended in 2016, particularly under Section 2(9)(D), which deals with transactions where the person providing the consideration is fictitious or not traceable. - The court ruled that the petitioner-company's transactions fell within the scope of the Benami Act, particularly after the 2016 Amendment. The court found that the procedure under the Act, including the issuance of a show-cause notice without a prior hearing, does not violate principles of natural justice, as the Act provides a detailed adjudication process with opportunities for hearing at later stages.
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