Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
In rectification proceedings, an adverse variation withdrawing relief could not be made ex parte: the Tribunal noted that no notice was issued and that the mandatory opportunity of hearing under section 154(3) was not complied with, so the rectification was void ab initio and set aside. The Tribunal also held that section 154 is confined to correcting a patent mistake apparent from the record and cannot be used to reconsider or reverse a concluded appellate view; where the earlier appellate decision had already favoured the assessee, the later rectification amounted to an impermissible review rather than rectification. The appeal was allowed and the impugned rectification was held unsustainable.
In rectification proceedings, an adverse variation withdrawing relief could not be made ex parte: the Tribunal noted that no notice was issued and that the mandatory opportunity of hearing under section 154(3) was not complied with, so the rectification was void ab initio and set aside. The Tribunal also held that section 154 is confined to correcting a patent mistake apparent from the record and cannot be used to reconsider or reverse a concluded appellate view; where the earlier appellate decision had already favoured the assessee, the later rectification amounted to an impermissible review rather than rectification. The appeal was allowed and the impugned rectification was held unsustainable.
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