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...
Assessment orders passed without the taxpayer's replies to show-cause notices were set aside after the High Court accepted that bona fide reasons, unavoidable circumstances and sufficient cause had prevented participation. Applying a justice-oriented approach, the Court also set aside the consequential appellate order that had rejected the appeals as time-barred. Subject to costs, the proceedings were remitted to the assessing authority from the stage of filing replies, with directions to allow submission of documents and provide a sufficient and reasonable hearing before fresh adjudication.
Assessment orders passed without the taxpayer's replies to show-cause notices were set aside after the High Court accepted that bona fide reasons, unavoidable circumstances and sufficient cause had prevented participation. Applying a justice-oriented approach, the Court also set aside the consequential appellate order that had rejected the appeals as time-barred. Subject to costs, the proceedings were remitted to the assessing authority from the stage of filing replies, with directions to allow submission of documents and provide a sufficient and reasonable hearing before fresh adjudication.
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