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...
Approved resolution plans extinguish unsubmitted pre-approval tax claims, preventing later recovery outside the insolvency process and preserving a cl...
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Levy of penalty - Search and seizure operation at the petitioner's godown. - The Court held that invoking Section 129(3) in this instance was without jurisdiction. The provision, intended for regulating goods in transit, was misapplied to a stationary godown, a static location not covered under the said section's purview. This misapplication highlighted a significant procedural misstep, as the actions undertaken by the officers exceeded their jurisdictional boundaries set by the Act. - The Court criticized this deliberate mischaracterization, refraining from delving into the motives behind such conduct to avoid a lengthy process. However, it emphasized the accountability of the officers, recommending administrative review and appropriate disciplinary action.
Levy of penalty - Search and seizure operation at the petitioner's godown. - The Court held that invoking Section 129(3) in this instance was without jurisdiction. The provision, intended for regulating goods in transit, was misapplied to a stationary godown, a static location not covered under the said section's purview. This misapplication highlighted a significant procedural misstep, as the actions undertaken by the officers exceeded their jurisdictional boundaries set by the Act. - The Court criticized this deliberate mischaracterization, refraining from delving into the motives behind such conduct to avoid a lengthy process. However, it emphasized the accountability of the officers, recommending administrative review and appropriate disciplinary action.
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