Charitable trust registration requires a specified-violation notice; settled cash deposits and related-party payments did not justify cancellation or ...
External development charges trigger TDS under section 194C, while disputed administrative payments require factual verification and fresh adjudicatio...
Section 270AA penalty immunity requires identified statutory defaults and a hearing before rejection; reassessment disclosure may constitute under-rep...
Section 80JJAA employee-cost deduction allowed for deployed staff but barred against transfer-pricing income enhancement, with pricing issues remanded...
Transfer-pricing methodology protects commercially genuine associated-enterprise payments, while pre-2016 secondary adjustments and related notional i...
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Cross-examination rights in Customs Broker revocation inquiries require witness examination; procedural denial may be cured through fresh adjudication...
Adjudicating Authority under FEMA - The High Court clarified that the Adjudicating Authority is not a persona designata, but a designation empowered by the Act. The court emphasized that the authority designated by the Central Government can continue proceedings even if the original appointee ceases to hold office. Therefore, the argument that only the issuing authority can adjudicate the case was rejected. - The court held that the term "the Adjudicating Authority" does not refer to a specific individual but to the authority designated within the pecuniary limits set by the notification. Thus, the contention that only the issuing authority can adjudicate was dismissed.
Adjudicating Authority under FEMA - The High Court clarified that the Adjudicating Authority is not a persona designata, but a designation empowered by the Act. The court emphasized that the authority designated by the Central Government can continue proceedings even if the original appointee ceases to hold office. Therefore, the argument that only the issuing authority can adjudicate the case was rejected. - The court held that the term "the Adjudicating Authority" does not refer to a specific individual but to the authority designated within the pecuniary limits set by the notification. Thus, the contention that only the issuing authority can adjudicate was dismissed.
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