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...
Pharmaceutical promotion and transfer-pricing comparability principles limited disallowances, while uncorroborated search allegations and unsupported ...
Business expenditure substantiation supports scrap credits, statutory payments and expense claims, while depreciation requires proof of actual busines...
For penalties for contravention of cash-receipt restrictions, proceedings commence when the Joint Commissioner, as the competent authority, issues a notice affording an opportunity of hearing; an Assessing Officer's proposal merely forwards material and does not initiate proceedings. The penalty order must be passed within six months from the end of the month of that notice. Although no express initiation period applies after receipt of the proposal, initiation should occur within a reasonable time, treated here as six months from the end of that month. Notices need not contain detailed factual particulars if the assessee receives a reasonable hearing and replies are considered. No separately recorded satisfaction by the Joint Commissioner is required before initiation.
For penalties for contravention of cash-receipt restrictions, proceedings commence when the Joint Commissioner, as the competent authority, issues a notice affording an opportunity of hearing; an Assessing Officer's proposal merely forwards material and does not initiate proceedings. The penalty order must be passed within six months from the end of the month of that notice. Although no express initiation period applies after receipt of the proposal, initiation should occur within a reasonable time, treated here as six months from the end of that month. Notices need not contain detailed factual particulars if the assessee receives a reasonable hearing and replies are considered. No separately recorded satisfaction by the Joint Commissioner is required before initiation.
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