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...
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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