Tariff classification determines GST schedule and rate; beverages in Schedule III attract the higher rate, tea extracts and syrups in Schedule I attra...
Fraudulent trading requires cogent evidence of intent to defraud; ordinary-course payments protected, except post-insolvency withdrawals must be resto...
Religious purpose exclusion versus charitable purpose: non overriding religious objects do not attract Explanation 3, registration directed under sect...
Dominant issue: whether seized demat accounts, attached under Section 37A for alleged contravention of Section 4 of the Act of 1999, may be substituted by a fixed deposit (FD) of equivalent value to secure the claimed amount. Reasoning: seizure aimed to secure an equivalent sum; substitution by an FD equally secures the respondents' interest, is equitable, and permits the appellants to pursue compounding with the RBI; the FD remains subject to final adjudication and any compounding outcome. Outcome: seizure lifted on furnishing an FD of equivalent value, held with lien and subject to adjudication and RBI compounding results. - AT
Dominant issue: whether seized demat accounts, attached under Section 37A for alleged contravention of Section 4 of the Act of 1999, may be substituted by a fixed deposit (FD) of equivalent value to secure the claimed amount. Reasoning: seizure aimed to secure an equivalent sum; substitution by an FD equally secures the respondents' interest, is equitable, and permits the appellants to pursue compounding with the RBI; the FD remains subject to final adjudication and any compounding outcome. Outcome: seizure lifted on furnishing an FD of equivalent value, held with lien and subject to adjudication and RBI compounding results. - AT
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