Concessional Basic Customs Duty on Ethernet switches: classification as enterprise switches upheld, challenge dismissed for lack of substantial law qu...
Insolvency petition based on admitted debt and default upheld; challenge for malicious initiation rejected, settlement may proceed under resolution fr...
Quashing of FIR and challenge to ECIR over alleged diversion of funds and preferential ESOP pricing dismissed after prima facie money-laundering findi...
Where a taxpayer collected service tax but filed nil returns and failed to deposit amounts with the exchequer, the text treats such suppression of facts and documents as establishing intent to evade tax, justifying denial of CENVAT credit for lack of documentation and lack of clean hands. It treats invocation of the extended limitation period as appropriate where suppression occurred and supports imposition of penalties for non-payment by suppression; interest liability on collected-but-not-deposited tax is endorsed. Reliance on bona fide belief defenses is rejected where tax was collected and not remitted.
Where a taxpayer collected service tax but filed nil returns and failed to deposit amounts with the exchequer, the text treats such suppression of facts and documents as establishing intent to evade tax, justifying denial of CENVAT credit for lack of documentation and lack of clean hands. It treats invocation of the extended limitation period as appropriate where suppression occurred and supports imposition of penalties for non-payment by suppression; interest liability on collected-but-not-deposited tax is endorsed. Reliance on bona fide belief defenses is rejected where tax was collected and not remitted.
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