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VAT / Sales Tax

Quasi-judicial rectification powers do not confer absolute...

Disciplinary scrutiny of tax rectification powers can proceed despite good faith claims and absence of a departmental appeal.

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VAT / Sales Tax November 6, 2026 Case Laws HC
Quasi-judicial rectification powers do not confer absolute immunity from disciplinary action for negligent or reckless conduct or conduct intended to confer undue favour. Disciplinary scrutiny concerns an officer's conduct independently of a departmental appeal against the legality of the order. Allegations that limited rectification powers were used to reopen concluded assessments and substantially reduce confirmed tax demands disclosed a prima facie basis for factual scrutiny in a departmental enquiry. A plea of good faith and the absence of a departmental appeal did not justify terminating the proceedings at the threshold.

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Acts Income Tax