https://www.taxtmi.com/caselaws?id=446241 The Telangana HC quashed prosecution proceedings against a company director for service tax defaults under Finance Act, 1994. The case involved tax defaults from 2011-16 with prosecution launched in 2018. During proceedings, the company underwent liquidation under IBC, with NCLT ordering closure after assets were sold as going concern and liabilities extinguished. The HC held that subsequent amendments to law cannot apply retrospectively to punish past acts, citing SC precedent in Ghanashyam Mishra case. The court ruled that amended provisions enacted after launching proceedings cannot be used to prosecute the accused for prior offences, allowing the petition and quashing criminal proceedings. en-us Wed, 18 Oct 2023 00:00:00 +0530 Wed, 29 Nov 2023 07:22:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=446241 The Telangana HC quashed prosecution proceedings against a company director for service tax defaults under Finance Act, 1994. The case involved tax defaults from 2011-16 with prosecution launched in 2018. During proceedings, the company underwent liquidation under IBC, with NCLT ordering closure after assets were sold as going concern and liabilities extinguished. The HC held that subsequent amendments to law cannot apply retrospectively to punish past acts, citing SC precedent in Ghanashyam Mishra case. The court ruled that amended provisions enacted after launching proceedings cannot be used to prosecute the accused for prior offences, allowing the petition and quashing criminal proceedings. Case-Laws Service Tax Wed, 18 Oct 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=446241