Tax determination against deceased proprietor invalid where no notice to legal representative; appeal rejected without addressing jurisdictional defec...
Revocation of GST registration and permission to file blocked returns; conditional defreezing of bank accounts after security and instalment applicati...
Right to access seized electronic evidence: impugned adjudication treated as additional show cause notice, remand for fresh hearing and return of mate...
Revisability of return invalidation communications under tax procedure affirmed, impugned non revisional finding quashed and matter remitted for fresh...
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Section 127J of the Customs Act was held not to bar FEMA proceedings based on independent evidence gathered in a separate investigation, and FEMA was treated as a self-contained code for contraventions under that enactment. The Tribunal also rejected selective reliance on a director's statement where the export transactions pre-dated his directorship, treating his assertions as hearsay for lack of personal knowledge. On the merits, commission paid by an overseas buyer to an overseas agent was found not to be export proceeds due or accrued to the exporter, so no realization or repatriation obligation arose and the alleged contraventions of the Export Regulations and FEMA were not established. The penalties were set aside.
Section 127J of the Customs Act was held not to bar FEMA proceedings based on independent evidence gathered in a separate investigation, and FEMA was treated as a self-contained code for contraventions under that enactment. The Tribunal also rejected selective reliance on a director's statement where the export transactions pre-dated his directorship, treating his assertions as hearsay for lack of personal knowledge. On the merits, commission paid by an overseas buyer to an overseas agent was found not to be export proceeds due or accrued to the exporter, so no realization or repatriation obligation arose and the alleged contraventions of the Export Regulations and FEMA were not established. The penalties were set aside.
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