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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...
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Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Service...
Tax exemption for specified legal-services authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and...
Inherent jurisdiction to quash criminal proceedings does not permit resolution of disputed factual defences concerning alleged wilful failure to furnish returns pursuant to search-assessment notices. Assertions that seized material was requested but not supplied, and that the default lacked wilfulness or mens rea, were disputed and lacked prima facie proof of requests before the stipulated period expired. Such matters require evidence and cannot be determined through a mini-trial at the quashing stage, where the Court assesses only whether a prima facie case exists. The quashing petitions were dismissed, leaving the Trial Court to decide the prosecutions on evidence without being influenced by the order's observations.
Inherent jurisdiction to quash criminal proceedings does not permit resolution of disputed factual defences concerning alleged wilful failure to furnish returns pursuant to search-assessment notices. Assertions that seized material was requested but not supplied, and that the default lacked wilfulness or mens rea, were disputed and lacked prima facie proof of requests before the stipulated period expired. Such matters require evidence and cannot be determined through a mini-trial at the quashing stage, where the Court assesses only whether a prima facie case exists. The quashing petitions were dismissed, leaving the Trial Court to decide the prosecutions on evidence without being influenced by the order's observations.
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