Extended limitation fails without specific suppression allegations, while overseas employee secondment remains taxable as manpower supply within norma...
Time-share accommodation classification excludes Club or Association Service where purchasers receive contractual occupancy rights without genuine mem...
CENVAT credit for trading requires reversal, while taxable-service rental credit remains proportionately available and limitation issues await resolut...
Vicarious liability for dishonoured company cheques may extend to non-signatory directors where complaints contain foundational responsibility avermen...
Adjudication proceedings under the Customs Act and criminal prosecution under the Customs Act are independent, not alternate. They can be launched simultaneously with no legal impediment for parallel proceedings. If adjudication ends in exoneration, criminal prosecution's continuation depends on whether it's for the same facts and act/omission. Adjudication u/s 112 is an action in personam regarding smuggled property/article, while prosecution u/s 135 is an action in rem for offenses affecting the country's economy. One cannot substitute the other. The petition to quash the criminal case based on exoneration in adjudication proceedings lacks merit and is dismissed.
Adjudication proceedings under the Customs Act and criminal prosecution under the Customs Act are independent, not alternate. They can be launched simultaneously with no legal impediment for parallel proceedings. If adjudication ends in exoneration, criminal prosecution's continuation depends on whether it's for the same facts and act/omission. Adjudication u/s 112 is an action in personam regarding smuggled property/article, while prosecution u/s 135 is an action in rem for offenses affecting the country's economy. One cannot substitute the other. The petition to quash the criminal case based on exoneration in adjudication proceedings lacks merit and is dismissed.
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