Classification of imported salvaged shaft pieces as ship parts confirmed, reassessment time-barred and appeal allowed restoring original classificatio...
Scope of intermediary status for data hosting services: tribunal finds provider not intermediary, services exported and not taxable, limited remand on...
CENVAT credit availability after omission of Rule 12B in textiles confirmed; late addendum to SCN introducing new grounds held time-barred and invalid...
Export of Wheat Flour and related products subject to online allocation, eligibility criteria, non-transferable six-month authorisations and reporting...
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Criminal proceedings for alleged non-payment of TDS were found unsustainable once the state recovered tax, interest and statutory compounding fees: the court reasoned that public interest in prosecution evaporates when the exchequer is fully satisfied and therefore quashed the proceedings. The issuance of a warrant against a deceased accused was declared a nullity for want of application of mind, and related property attachment orders were vacated. The court held that acceptance of compounding during pendency settles the fiscal offence and that reviving trial thereafter-particularly against deceased persons-amounts to abuse of process and violates the right to a speedy trial under Article 21; relief was granted accordingly.
Criminal proceedings for alleged non-payment of TDS were found unsustainable once the state recovered tax, interest and statutory compounding fees: the court reasoned that public interest in prosecution evaporates when the exchequer is fully satisfied and therefore quashed the proceedings. The issuance of a warrant against a deceased accused was declared a nullity for want of application of mind, and related property attachment orders were vacated. The court held that acceptance of compounding during pendency settles the fiscal offence and that reviving trial thereafter-particularly against deceased persons-amounts to abuse of process and violates the right to a speedy trial under Article 21; relief was granted accordingly.
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