Retrospective application of beneficial circulars upheld, binding officers and granting post adjudication relief where adjudication occurred after cir...
Admissibility of Investigation Statements requires witness examination before the adjudicating authority; otherwise statements cannot sustain a penalt...
Transaction value and connected person treatment in excise valuation: proprietary concerns not inter connected undertakings, relief on valuation and c...
Appointment of Registrars as adjudicating officers under Companies Act reallocates territorial jurisdiction and sets appeal route to Regional Director...
Composite supply of drilling services and site specific chemicals characterised as composite supply; prior advance rulings set aside, tax rate left op...
Benami transactions include transfers where the consideration provider is fictitious or untraceable; inability to identify the beneficial owner does not warrant discharge. Issue one: whether partners are vicariously liable managing partner signed accounts and controlled firm affairs, establishing prima facie knowledge and consent, therefore discharge was rightly refused. Issue two: whether a dormant partner can be held vicariously liable complaint lacked specific averments showing she was in charge or responsible as required by the statutory twin requirements, so the order against her is set aside, subject to reopening if cogent material is later produced.
Benami transactions include transfers where the consideration provider is fictitious or untraceable; inability to identify the beneficial owner does not warrant discharge. Issue one: whether partners are vicariously liable managing partner signed accounts and controlled firm affairs, establishing prima facie knowledge and consent, therefore discharge was rightly refused. Issue two: whether a dormant partner can be held vicariously liable complaint lacked specific averments showing she was in charge or responsible as required by the statutory twin requirements, so the order against her is set aside, subject to reopening if cogent material is later produced.
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