Unlawful outward remittances via Hawala using proforma invoices and electronic records proved; documents admitted, directors penalised, penalties redu...
Attachment of equivalent-value properties as proceeds of crime upheld; preventive attachment order and confirmation sustained; no independent ED reinv...
Broker trading-system "technical glitch" redefinition and narrowed incident-reporting regime for large IBT/STWT brokers requiring 2-hr notice and 14-w...
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The dominant issue was whether revised compounding Guidelines dated 17.10.2024 could be applied to compute compounding fee for an offence under s.279(2) on a compounding application filed on 05.03.2021 pursuant to prior judicial directions. The Explanation to s.279(6), though retrospective from 01.04.1962, only clarifies the Board's power to issue binding instructions and operates as a proviso making the Commissioner's power subject to then-applicable Board instructions; it does not authorise applying later guidelines to an already-pending compounding request, unless a fresh independent application is made under the new guidelines. Consequently, determination of compounding charges under the 17.10.2024 Guidelines was held unsustainable. - HC
The dominant issue was whether revised compounding Guidelines dated 17.10.2024 could be applied to compute compounding fee for an offence under s.279(2) on a compounding application filed on 05.03.2021 pursuant to prior judicial directions. The Explanation to s.279(6), though retrospective from 01.04.1962, only clarifies the Board's power to issue binding instructions and operates as a proviso making the Commissioner's power subject to then-applicable Board instructions; it does not authorise applying later guidelines to an already-pending compounding request, unless a fresh independent application is made under the new guidelines. Consequently, determination of compounding charges under the 17.10.2024 Guidelines was held unsustainable. - HC
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