Cash routed to non-existent firm deemed proceeds of crime; laundered funds and properties attachable, provisional attachments confirmed; two accounts ...
Continuation of Section 73 service-tax proceedings after provider's death (construing s.65(7)) - held to abate; posthumous OIO and recoveries invalida...
Penalty proceedings against a licensee of a Special Warehouse under section 58A were invalidated because they were initiated under generic Warehouse Regulations instead of the Special Warehouse Regulations that govern section 58A licensees; reliance on an audit report that was not supplied to the licensee and commencement of proceedings nearly five years after surrender and acceptance of the licence further vitiated the case. The combination of incorrect regulatory basis, non-disclosure of the foundational audit document and inordinate delay rendered the penalty order unsustainable, and remand was refused in favor of quashing the order.
Penalty proceedings against a licensee of a Special Warehouse under section 58A were invalidated because they were initiated under generic Warehouse Regulations instead of the Special Warehouse Regulations that govern section 58A licensees; reliance on an audit report that was not supplied to the licensee and commencement of proceedings nearly five years after surrender and acceptance of the licence further vitiated the case. The combination of incorrect regulatory basis, non-disclosure of the foundational audit document and inordinate delay rendered the penalty order unsustainable, and remand was refused in favor of quashing the order.
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