Benami transaction and beneficial ownership: documentary and circumstantial evidence show payors were true beneficiaries, resulting in PBPTA consequen...
Denial of Preferential Treatment under SAFTA overturned where unchallenged Country of Origin certificate warranted exemption under Notification benefi...
Continuing offence of money-laundering: discharge set aside and proceedings reinstated where laundering continued after inclusion of predicate offence...
Anti profiteering provisions are treated as consumer protective and the six month period in Rule 133 is directory, so proceedings are not time barred. Where a supplier increased base prices coincident with a GST rate reduction, the presumption that tax benefit was not passed applies and the supplier is required to disgorge the profiteered amount. Interest on the disgorged amount can be imposed only from the date the interest clause became effective (28.06.2019). Penalty under the provision that came into force later cannot be applied retrospectively. Half the recovered amount is directed to the central consumer welfare fund and half to the state fund.
Anti profiteering provisions are treated as consumer protective and the six month period in Rule 133 is directory, so proceedings are not time barred. Where a supplier increased base prices coincident with a GST rate reduction, the presumption that tax benefit was not passed applies and the supplier is required to disgorge the profiteered amount. Interest on the disgorged amount can be imposed only from the date the interest clause became effective (28.06.2019). Penalty under the provision that came into force later cannot be applied retrospectively. Half the recovered amount is directed to the central consumer welfare fund and half to the state fund.
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