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...
Procedural challenge based on delay, Rule 4 non-compliance and denial of cross-examination failed because the Tribunal found a prior investigation, notice through summons, supply of relied-upon documents, replies, hearing and recorded satisfaction to proceed, with no prejudice shown. An authorised person under FEMA was held amenable to penalty because the statutory definition of "person" is broad and Chapter III does not grant immunity from Section 13 action. The company's issuance of forex prepaid cards without verifying actual travellers, passports or KYC particulars, and acceptance of funds from third parties, supported the findings of contraventions. Personal liability of the company officer was rejected because he was not in charge during the relevant period and could not be treated as a de facto declarant.
Procedural challenge based on delay, Rule 4 non-compliance and denial of cross-examination failed because the Tribunal found a prior investigation, notice through summons, supply of relied-upon documents, replies, hearing and recorded satisfaction to proceed, with no prejudice shown. An authorised person under FEMA was held amenable to penalty because the statutory definition of "person" is broad and Chapter III does not grant immunity from Section 13 action. The company's issuance of forex prepaid cards without verifying actual travellers, passports or KYC particulars, and acceptance of funds from third parties, supported the findings of contraventions. Personal liability of the company officer was rejected because he was not in charge during the relevant period and could not be treated as a de facto declarant.
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TaxTMI 
TaxTMI 
of 4918 
