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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Contravention of the NRNR account regulations attracted penalty against both the authorised dealer and the account holders, because the scheme required the account to be opened only by a non-resident person from funds remitted from outside India, and Section 13(1) of FEMA applied to any person who contravened the Act or regulations. The later omission of Regulation 5(1)(iv) did not extinguish liabilities already incurred, since repeal by omission does not erase prior violations absent contrary intent, so the challenge to the show cause notices failed. Confiscation, however, was set aside because the adjudicating authority and tribunal gave no reasons for ordering it, despite the discretionary nature of Section 13(2) and the repayment of the loan through maturity proceeds.
Contravention of the NRNR account regulations attracted penalty against both the authorised dealer and the account holders, because the scheme required the account to be opened only by a non-resident person from funds remitted from outside India, and Section 13(1) of FEMA applied to any person who contravened the Act or regulations. The later omission of Regulation 5(1)(iv) did not extinguish liabilities already incurred, since repeal by omission does not erase prior violations absent contrary intent, so the challenge to the show cause notices failed. Confiscation, however, was set aside because the adjudicating authority and tribunal gave no reasons for ordering it, despite the discretionary nature of Section 13(2) and the repayment of the loan through maturity proceeds.
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