Just a moment...
Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether DRC-01 and DRC-07 issued without the signature of the proper officer were valid and whether the impugned orders were liable to be set aside.
Analysis: The governing principle applied was that when the statute, rules, and prescribed forms require an act to be performed in a particular manner, it must be done in that manner alone and other modes are excluded. On that basis, the absence of the requisite signature on DRC-01 and DRC-07 was treated as a breach of the mandatory requirement. The reasons offered by the revenue in the counter and brief note were held not to override the statutory mandate.
Conclusion: The unsigned DRC-01 and DRC-07 rendered the impugned orders vulnerable, and the orders were set aside in favour of the petitioner.