Service of notice and contractual debt acknowledgment preserved insolvency admission against a corporate guarantor despite limitation and natural just...
Original works exemption excludes standalone boulder transportation, leaving subcontracted railway-project transport services subject to service tax l...
Annual production capacity determinations excluding stenter galleries support refunds for unconstitutional excise levies without an unjust-enrichment ...
Vicarious liability for cheque dishonour requires specific allegations of responsibility and cheque signatory; generic director allegations cannot sus...
IT Resilience Index requires market infrastructure institutions to automate resilience scoring, early warnings, and continuous service-delivery monito...
Whether penalty under s.13(1) FEMA for contravention relating to export proceeds/undervaluation should be enhanced up to three times was rejected because the provision prescribes only a maximum ceiling and no minimum or fixed penalty, leaving quantum to the adjudicating authority's judicious discretion based on facts and evidence. The adjudication order contained detailed, reasoned findings evaluating the record, and there is no statutory mandate to impose the maximum penalty merely because it is permissible. Consequently, the request for enhancement failed and the appeal was dismissed. - AT
Whether penalty under s.13(1) FEMA for contravention relating to export proceeds/undervaluation should be enhanced up to three times was rejected because the provision prescribes only a maximum ceiling and no minimum or fixed penalty, leaving quantum to the adjudicating authority's judicious discretion based on facts and evidence. The adjudication order contained detailed, reasoned findings evaluating the record, and there is no statutory mandate to impose the maximum penalty merely because it is permissible. Consequently, the request for enhancement failed and the appeal was dismissed. - AT
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