Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
Business reorganisation requires recognition of successor's modified return; draft orders against dissolved transferor quashed and fresh review direct...
Further investigation under Section 173(8) CrPC required prior Magistrate approval as read in by precedent, and the third round of investigation and the resulting chargesheet were unsustainable because no such permission was shown. The Court also found that the real dispute concerned a business arrangement and profit-sharing, making the matter essentially civil; the forgery allegation appeared suspect in the overall sequence of events. In these circumstances, continuation of the prosecution amounted to abuse of process, and the FIR and all subsequent proceedings were quashed.
Further investigation under Section 173(8) CrPC required prior Magistrate approval as read in by precedent, and the third round of investigation and the resulting chargesheet were unsustainable because no such permission was shown. The Court also found that the real dispute concerned a business arrangement and profit-sharing, making the matter essentially civil; the forgery allegation appeared suspect in the overall sequence of events. In these circumstances, continuation of the prosecution amounted to abuse of process, and the FIR and all subsequent proceedings were quashed.
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