Benami transaction and beneficial ownership: documentary and circumstantial evidence show payors were true beneficiaries, resulting in PBPTA consequen...
Denial of Preferential Treatment under SAFTA overturned where unchallenged Country of Origin certificate warranted exemption under Notification benefi...
Continuing offence of money-laundering: discharge set aside and proceedings reinstated where laundering continued after inclusion of predicate offence...
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Cancellation of GST registration on the ground that it was obtained by fraud, wilful misstatement, or suppression of facts was held unsustainable where the SCN and cancellation order were vague, laconic, and unsupported by any evidence or reasoned discussion on the alleged fraud or suppression. The authority was found to have acted mechanically on a purported visit report without independent application of mind and without confronting the taxpayer with the adverse material, violating principles of natural justice; the taxpayer's medically explained absence during the visit was not disbelieved. Consequently, the cancellation order and the SCN were quashed. - HC
Cancellation of GST registration on the ground that it was obtained by fraud, wilful misstatement, or suppression of facts was held unsustainable where the SCN and cancellation order were vague, laconic, and unsupported by any evidence or reasoned discussion on the alleged fraud or suppression. The authority was found to have acted mechanically on a purported visit report without independent application of mind and without confronting the taxpayer with the adverse material, violating principles of natural justice; the taxpayer's medically explained absence during the visit was not disbelieved. Consequently, the cancellation order and the SCN were quashed. - HC
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