Maintainability of a Section 7 insolvency petition against a financial service provider denied; appeal dismissed for non maintainability and complex d...
Provisional attachment under Prevention of Money Laundering Act requires exhaustion of statutory remedies; impugned order set aside, appeal to tribuna...
Restoration of property under Prevention of Money Laundering Act after attachment dispute rendered academic; possession directed to successful resolut...
Goods Transport Agency services via e commerce portals: consignment note creates custody and liability and enables exemption for unregistered recipien...
The dominant issue was whether the demand for July 2017 to March 2018 could be confirmed by relying on an amended Rule 30(4) of the SEZ Rules and a subsequent circular. Since both the amendment (effective from 21.09.2018) and the circular (dated 12.09.2019) operated prospectively, their application to the earlier tax period was contrary to the governing rules and records, rendering the demand without jurisdiction or authority of law; the impugned order was set aside. Although an appeal under Section 107 of the KGST Act existed, writ jurisdiction was exercised because the order suffered from patent lack of jurisdiction; the petition was allowed - HC
The dominant issue was whether the demand for July 2017 to March 2018 could be confirmed by relying on an amended Rule 30(4) of the SEZ Rules and a subsequent circular. Since both the amendment (effective from 21.09.2018) and the circular (dated 12.09.2019) operated prospectively, their application to the earlier tax period was contrary to the governing rules and records, rendering the demand without jurisdiction or authority of law; the impugned order was set aside. Although an appeal under Section 107 of the KGST Act existed, writ jurisdiction was exercised because the order suffered from patent lack of jurisdiction; the petition was allowed - HC
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