Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Service...
Tax exemption for specified legal-services authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and...
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Naphtha procured under exemption notifications for use in the manufacture of fertilizer or ammonia qualified for concessional or nil duty when the goods were intended for that use, even if a portion of the input was diverted to electricity generation that also supported the fertiliser plant. The Court held that the notifications required proof of intended use, not exclusive actual end-use in every downstream stage, so the duty demand on alleged non-eligible use failed. On limitation, extended period invocation required deliberate suppression, fraud, collusion, wilful misstatement, or contravention with intent to evade duty; those elements were absent, the matter was interpretational, and the dispute was revenue neutral. The demand and penalty were therefore time-barred.
Naphtha procured under exemption notifications for use in the manufacture of fertilizer or ammonia qualified for concessional or nil duty when the goods were intended for that use, even if a portion of the input was diverted to electricity generation that also supported the fertiliser plant. The Court held that the notifications required proof of intended use, not exclusive actual end-use in every downstream stage, so the duty demand on alleged non-eligible use failed. On limitation, extended period invocation required deliberate suppression, fraud, collusion, wilful misstatement, or contravention with intent to evade duty; those elements were absent, the matter was interpretational, and the dispute was revenue neutral. The demand and penalty were therefore time-barred.
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