Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
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...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
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...
Sustainability of supplementary Show Cause Notice, prior to insertion of second proviso to Section 124 of the Customs Act, 1962 w.e.f 29.03.2018 - The High Court observed that prior to the insertion of the second proviso to Section 124 of the Customs Act, the authority to issue supplementary show cause notices was implicit and inbuilt in the act. The second proviso, added in 2018, was declaratory of the existing law, suggesting its retrospective application. - The court concluded that the supplementary show cause notice issued on 18.05.2017, despite being termed "supplementary," should be treated as an independent notice due to the emergence of new facts during the investigation. - The court decided in favor of the appellant (Revenue), setting aside the order of the tribunal and restoring the order of the adjudicating authority.
Sustainability of supplementary Show Cause Notice, prior to insertion of second proviso to Section 124 of the Customs Act, 1962 w.e.f 29.03.2018 - The High Court observed that prior to the insertion of the second proviso to Section 124 of the Customs Act, the authority to issue supplementary show cause notices was implicit and inbuilt in the act. The second proviso, added in 2018, was declaratory of the existing law, suggesting its retrospective application. - The court concluded that the supplementary show cause notice issued on 18.05.2017, despite being termed "supplementary," should be treated as an independent notice due to the emergence of new facts during the investigation. - The court decided in favor of the appellant (Revenue), setting aside the order of the tribunal and restoring the order of the adjudicating authority.
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