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...
Benami transaction challenge to a Provisional Attachment Order: the definition of a benami transaction under Section 2(9)(A) of the 1988 Act applies where property remained in the name of benamidars on and after the 2016 amendment, so the amendment's prospective character does not defeat attachment. The fiduciary capacity exception was not accepted on the facts; the benamidar was neither employee nor agent and the purchase was made for the benefit of the beneficial owner, including use of a Scheduled Caste nominee for registration. Consequently the tribunal found the statutory ingredients satisfied and dismissed the appeals.
Benami transaction challenge to a Provisional Attachment Order: the definition of a benami transaction under Section 2(9)(A) of the 1988 Act applies where property remained in the name of benamidars on and after the 2016 amendment, so the amendment's prospective character does not defeat attachment. The fiduciary capacity exception was not accepted on the facts; the benamidar was neither employee nor agent and the purchase was made for the benefit of the beneficial owner, including use of a Scheduled Caste nominee for registration. Consequently the tribunal found the statutory ingredients satisfied and dismissed the appeals.
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