Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Service...
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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