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Pushpa Mehta, who was engaged in manufacturing of water meters on job work basis was issued a SCN alleging liability to service tax - They claimed exemption under Notfn 25/2012-ST - However, during pendency of proceedings she expired on 08.12.2018 and Department was informed of her demise by letter dated 13.12.2018 - Despite this, Adjudicating Authority proceeded to pass O-I-O confirming tax, interest and penalty in her name - The Commissioner (A) rejected the appeal filed by her son on the grounds that pre-deposit was not made and that appeal is not maintainable against the deceased - It is argued that the OIO was void ab initio as it was passed against a dead person - It was emphasized that under Finance Act, 1994 read with the Central Excise Act, an “assessee” means the person liable to pay duty/tax, and proceedings abate on death - Tribunal observed that on death of sole proprietor during adjudication, it is incumbent upon authority to abate the proceedings - The OIO passed thereafter was a nullity and unsustainable - It is noted that Commissioner (A) also failed to appreciate the binding precedent of Supreme Court - Reference is made to Service Care Pvt Ltd, where recovery proceedings against a proprietorship after death of sole proprietor are quashed - Similarly, in J.S. Singh Engineering Contractor 2019-TIOL-2402-CESTAT-Del, Tribunal held that SCNs cannot be issued against deceased persons and such proceedings are untenable - Following these decisions, it is held that the assessment and recovery proceedings against late Smt. [...]the impugned order is also not sustainable as the proceedings had already been lapsed. Though all efforts have been made to reproduce the order correctly but the access and circulation is subject to the condition that Taxindiaonline are not responsible/liable for any loss or damage caused to anyone due to any mistake/error/omissions.) Credit: TIOL News Service

Existing research shows that subnational corruption can be used to expound the ownership choices of foreign firms entering a new foreign market. Yet, most studies either overlook the evolution of foreign firms’ ownership structure after entering the host market, or mainly focus on the national level. This study investigates how subnational corruption affects the conversion of Sino-foreign joint ventures (JVs) into wholly foreign-owned enterprises (WFOEs) in China. In a sample of Sino-foreign JVs operating in China between 1998 and 2007, we find that the relationship between subnational corruption and the conversion of foreign proprietorship of Sino-foreign JVs is U-shaped. Furthermore, the U-shaped relationship between subnational corruption and the conversion of foreign proprietorship of JV is stronger when the JV is in a higher degree of marketization, while it is weaker when the local partner is a state-owned enterprise (SOE) rather than a privately owned enterprise (POE). Overall, our findings emphasize how subnational corruption shapes the dynamic ownership choices of foreign firms operating in the host market.

I use matching methods on a panel of U.S. states over the period 1981 - 2019 to examine the relationship between economic reform and business dynamism, where economic reform is based on large sustained increases in the Economic Freedom of North America Indices. The strongest estimates show large long-run increases in firm exits following general economic reform and large short-run decreases in firm entry following labor market reform. The former result is consistent with a Schumpeterian \"creative destruction\" explanation, although a sector-level analysis shows that exit growth is concentrated in the construction, retail, service, and finance sectors. The latter result is evident in nearly all sectors and implies that increases in establishment level dynamism, which previous research has shown, may be occurring within incumbent firms.

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