Admissibility of electronic evidence bars undervaluation demands where printouts, retracted statements and no cross-examination leave the case unprove...
Limitation in oppression and mismanagement proceedings: prior knowledge of removal and dilution barred the challenge, with valuation directions upheld...
In fraud assessments, the six-month period for issuing a show cause notice before the order-in-original was treated as directory, not mandatory, because the statute prescribed no consequence for breach; the challenge therefore turned on prejudice, and none was shown where multiple notices, replies, and personal hearings were granted and the assessment was passed within limitation. The writ court also declined to bypass the statutory remedy, noting that the Supreme Court had already left the assessee to pursue the appellate forum with all contentions available, including alleged prejudice from missing files; the writ petition was dismissed with liberty to invoke that remedy.
In fraud assessments, the six-month period for issuing a show cause notice before the order-in-original was treated as directory, not mandatory, because the statute prescribed no consequence for breach; the challenge therefore turned on prejudice, and none was shown where multiple notices, replies, and personal hearings were granted and the assessment was passed within limitation. The writ court also declined to bypass the statutory remedy, noting that the Supreme Court had already left the assessee to pursue the appellate forum with all contentions available, including alleged prejudice from missing files; the writ petition was dismissed with liberty to invoke that remedy.
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