Request-driven road restoration attracts reverse-charge GST, not governmental-function treatment or compensatory-damages status for business recipient...
Road restoration charges for commercial pipeline works are taxable Government services, with reverse charge liability and no public-function exemption...
Model-wise import cap monitoring cannot justify withholding used multifunction machines where all-India tracking is absent and full security is furnis...
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.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4916 
