Arrest safeguards and transit remand requirements invalidated detention following inter-State transfer without communicated grounds or magistrate auth...
Arrest safeguards require disclosed grounds, relative intimation and transit remand, while duplicate prosecution under the CGST framework is unsustain...
Document Identification Number defects can invalidate GST assessments, with delayed challenges entertained conditionally where patent irregularities e...
Windmill commissioning evidence supported higher depreciation where grid connection and electricity generation proved operational use before the relev...
AT partly allows the appeal of the Appellant, confirming that prior Orders corroborate evasion of customs duty and that netting-off export receivables against import payables constituted an unauthorized set-off in contravention of FEMA provisions and applicable RBI directions delegating set-off authority to AD banks (Category I). The Tribunal rejects the Appellant's characterization of the conduct as merely procedural, upholds civil liability under FEMA with penalties discretionary under Section 13(1), but exercises mitigation, reducing the penalty to Rs. 10,00,000 and directing that the Appellant's pre-deposit be adjusted against the reduced penalty. The remainder of the appeal is dismissed.
AT partly allows the appeal of the Appellant, confirming that prior Orders corroborate evasion of customs duty and that netting-off export receivables against import payables constituted an unauthorized set-off in contravention of FEMA provisions and applicable RBI directions delegating set-off authority to AD banks (Category I). The Tribunal rejects the Appellant's characterization of the conduct as merely procedural, upholds civil liability under FEMA with penalties discretionary under Section 13(1), but exercises mitigation, reducing the penalty to Rs. 10,00,000 and directing that the Appellant's pre-deposit be adjusted against the reduced penalty. The remainder of the appeal is dismissed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4801
Join Channel
TaxTMI 
