Benami transaction and beneficial ownership: documentary and circumstantial evidence show payors were true beneficiaries, resulting in PBPTA consequen...
Denial of Preferential Treatment under SAFTA overturned where unchallenged Country of Origin certificate warranted exemption under Notification benefi...
Continuing offence of money-laundering: discharge set aside and proceedings reinstated where laundering continued after inclusion of predicate offence...
HC set aside an ex parte adjudication under Section 73 where the show cause notice raised factual disputes on return mismatches, excess input tax credit, supplier default, delayed tax payment and related interest. It held that the petitioner had to be heard on merits before such discrepancies were decided, especially where the petitioner claimed material existed to rebut the alleged defaults. Because allowing the order to stand would cause serious financial prejudice, the matter was remitted for fresh adjudication after affording an opportunity to respond, and the consequential bank attachment was directed to be withdrawn.
HC set aside an ex parte adjudication under Section 73 where the show cause notice raised factual disputes on return mismatches, excess input tax credit, supplier default, delayed tax payment and related interest. It held that the petitioner had to be heard on merits before such discrepancies were decided, especially where the petitioner claimed material existed to rebut the alleged defaults. Because allowing the order to stand would cause serious financial prejudice, the matter was remitted for fresh adjudication after affording an opportunity to respond, and the consequential bank attachment was directed to be withdrawn.
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