Customs valuation must use comparable contemporary imports, while confiscation fines and penalties require proportionate recalculation on reassessed v...
Depositor-protection proceedings prevail over corporate insolvency, while liquidators may recover chit receivables using copies of seized company reco...
Intermediary service classification fails where overseas admission facilitation is supplied independently, preserving export treatment and small-provi...
Satellite transponder bandwidth is telecommunication, not Business Support Service; foreign non-telegraph providers triggered no service tax liability...
Commitment proceedings gain extended timelines, structured defect refiling, and automatic resumption of inquiry after the adjusted completion period e...
Centralised assessment transfer becomes unwarranted once the searched person's assessment is complete, requiring restoration to the appropriate charge...
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Inadvertent error by bank officials ignoring restraint orders led to FIR against bank officials for offences under IPC provisions. Continuation of criminal proceedings questioned. Held: FIR did not show bank induced anyone fraudulently or dishonestly, lacking mens rea required for offences u/ss 420, 406, 409, 462 IPC. No entrustment of property misappropriated by bank. Sections 206, 217, 201 IPC requiring mens rea not applicable. No common intention or cooperation by bank in alleged offences, hence Sections 34, 37, 120B IPC inapplicable. Case falls under categories exempting quashing per Bhajan Lal case. Continuation would cause undue hardship. High Court order quashed.
Inadvertent error by bank officials ignoring restraint orders led to FIR against bank officials for offences under IPC provisions. Continuation of criminal proceedings questioned. Held: FIR did not show bank induced anyone fraudulently or dishonestly, lacking mens rea required for offences u/ss 420, 406, 409, 462 IPC. No entrustment of property misappropriated by bank. Sections 206, 217, 201 IPC requiring mens rea not applicable. No common intention or cooperation by bank in alleged offences, hence Sections 34, 37, 120B IPC inapplicable. Case falls under categories exempting quashing per Bhajan Lal case. Continuation would cause undue hardship. High Court order quashed.
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