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...
Quashing of the penalty for undisclosed income removed the foundational finding of wilful tax evasion required to continue prosecution for an offence under section 276C(1)(i). Following a coordinate-bench ruling, the High Court treated the Tribunal's penalty order as effective because it had not been stayed; the Department's pending appeal did not justify continuation of criminal proceedings. The prosecution was quashed, while preserving the Department's liberty to seek revival and recall if the Tribunal's order is reversed in the pending appeal.
Quashing of the penalty for undisclosed income removed the foundational finding of wilful tax evasion required to continue prosecution for an offence under section 276C(1)(i). Following a coordinate-bench ruling, the High Court treated the Tribunal's penalty order as effective because it had not been stayed; the Department's pending appeal did not justify continuation of criminal proceedings. The prosecution was quashed, while preserving the Department's liberty to seek revival and recall if the Tribunal's order is reversed in the pending appeal.
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