Effective hearing in GST adjudication requires actual opportunity to respond; ineffective service through a former auditor invalidated ex parte procee...
Third-party search material requires special assessment route, rendering general reassessment notices without jurisdiction when it forms the proceedin...
Transfer-pricing adjustments must be confined to international associated-enterprise transactions, while functionally dissimilar comparables remain ex...
Insolvency moratorium bars income-tax revision proceedings against corporate debtors until the moratorium ends, preserving merits for later determinat...
Rule 16 permits recovery of erroneously or excessively paid drawback but, where no limitation period is prescribed, the power must be exercised within a reasonable period. Non-production of proof that export proceeds were realised, without allegations of fraudulent availment or suppression, does not invoke the fraud-based exception to limitation. Unexplained delay after the last drawback payment renders recovery proceedings time-barred. Availability of an alternative statutory appeal does not prevent writ relief against recovery action taken without statutory authority. The recovery order, consequential action, account freeze and recovered amount were set aside or reversed accordingly.
Rule 16 permits recovery of erroneously or excessively paid drawback but, where no limitation period is prescribed, the power must be exercised within a reasonable period. Non-production of proof that export proceeds were realised, without allegations of fraudulent availment or suppression, does not invoke the fraud-based exception to limitation. Unexplained delay after the last drawback payment renders recovery proceedings time-barred. Availability of an alternative statutory appeal does not prevent writ relief against recovery action taken without statutory authority. The recovery order, consequential action, account freeze and recovered amount were set aside or reversed accordingly.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4888 
