Administrative fraud classification suspension does not halt independent criminal investigation or warrant-based searches into alleged economic offenc...
Arrest safeguards and transit remand requirements invalidated detention following inter-State transfer without communicated grounds or magistrate auth...
Arrest safeguards require disclosed grounds, relative intimation and transit remand, while duplicate prosecution under the CGST framework is unsustain...
Document Identification Number defects can invalidate GST assessments, with delayed challenges entertained conditionally where patent irregularities e...
Prosecution Proceedings - Offence u/s 276B and 278B - not depositing the TDS amount - The court acknowledged that the petitioners provided reasonable explanations for the delay in depositing the TDS amount, considering factors like insolvency proceedings and the impact of the COVID-19 pandemic. - The court found merit in the petitioners' reliance on Circular No. F No 285/90/2008-IT(Inv-I)/05 dated 24.04.2008, as it outlines conditions for prosecution under the Act. Additionally, the court cited precedents from both the Jharkhand High Court and its own jurisdiction, emphasizing that once the TDS amount with interest has been deposited, criminal proceedings should not continue.
Prosecution Proceedings - Offence u/s 276B and 278B - not depositing the TDS amount - The court acknowledged that the petitioners provided reasonable explanations for the delay in depositing the TDS amount, considering factors like insolvency proceedings and the impact of the COVID-19 pandemic. - The court found merit in the petitioners' reliance on Circular No. F No 285/90/2008-IT(Inv-I)/05 dated 24.04.2008, as it outlines conditions for prosecution under the Act. Additionally, the court cited precedents from both the Jharkhand High Court and its own jurisdiction, emphasizing that once the TDS amount with interest has been deposited, criminal proceedings should not continue.
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