Arrest safeguards and transit remand requirements invalidated detention following inter-State transfer without communicated grounds or magistrate auth...
Arrest safeguards require disclosed grounds, relative intimation and transit remand, while duplicate prosecution under the CGST framework is unsustain...
Document Identification Number defects can invalidate GST assessments, with delayed challenges entertained conditionally where patent irregularities e...
Windmill commissioning evidence supported higher depreciation where grid connection and electricity generation proved operational use before the relev...
Absence of a Document Identification Number in the assessment order was treated as an inherent defect going to the validity of the order itself, and the High Court set it aside on that ground, following earlier decisions. The matter was remanded to the Assessing Officer for fresh consideration after granting the assessee an opportunity of hearing. On the delayed writ challenge, the Court did not finally decide the service dispute but accepted that practical difficulties in the GST portal regime and the patent irregularity in the order justified consideration of the petition, subject to deposit of 20% of the disputed tax, with adjustment of amounts already paid or recovered.
Absence of a Document Identification Number in the assessment order was treated as an inherent defect going to the validity of the order itself, and the High Court set it aside on that ground, following earlier decisions. The matter was remanded to the Assessing Officer for fresh consideration after granting the assessee an opportunity of hearing. On the delayed writ challenge, the Court did not finally decide the service dispute but accepted that practical difficulties in the GST portal regime and the patent irregularity in the order justified consideration of the petition, subject to deposit of 20% of the disputed tax, with adjustment of amounts already paid or recovered.
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