Extended limitation fails without specific suppression allegations, while overseas employee secondment remains taxable as manpower supply within norma...
Time-share accommodation classification excludes Club or Association Service where purchasers receive contractual occupancy rights without genuine mem...
CENVAT credit for trading requires reversal, while taxable-service rental credit remains proportionately available and limitation issues await resolut...
Vicarious liability for dishonoured company cheques may extend to non-signatory directors where complaints contain foundational responsibility avermen...
Misdeclaration of export goods was established where scientific examination showed the recalled consignment to be low-gold bangles rather than the declared 22 carat jewellery, so confiscation under Sections 113(i) and 113(ja) was sustained. Diversion of duty-free gold under Notification No. 57/2000-Cus. was also proved because the quantity procured did not match the gold found, no manufacturing records explained the shortfall, and strict compliance with the exemption conditions was not shown; confiscation under Section 111(o) was therefore justified. Penalties were upheld only against persons whose conduct showed conscious facilitation or knowing use of false documents, while HDFC Bank, the Superintendent, and job workers were exonerated for lack of mens rea. Redemption fine was not imposed on unavailable goods.
Misdeclaration of export goods was established where scientific examination showed the recalled consignment to be low-gold bangles rather than the declared 22 carat jewellery, so confiscation under Sections 113(i) and 113(ja) was sustained. Diversion of duty-free gold under Notification No. 57/2000-Cus. was also proved because the quantity procured did not match the gold found, no manufacturing records explained the shortfall, and strict compliance with the exemption conditions was not shown; confiscation under Section 111(o) was therefore justified. Penalties were upheld only against persons whose conduct showed conscious facilitation or knowing use of false documents, while HDFC Bank, the Superintendent, and job workers were exonerated for lack of mens rea. Redemption fine was not imposed on unavailable goods.
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