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...
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Levy of penalty @200% - e-way bill which was generated by the appellant had expired and at the time when the vehicle was intercepted four days had lapsed - The High Court acknowledged that penalties should not be imposed without considering mens rea. While the statute allows for a penalty of 200%, it does not absolve authorities from considering circumstances and intentions. Despite the expiration of the e-way bill, the Court found that the appellant's failure to extend the validity was a crucial factor. However, it noted that the penalty was calculated on a higher value than the invoice, indicating arbitrariness on the part of the authorities. Ultimately, the Court partially allowed the appeal, imposing a reduced penalty but refrained from completely exonerating the appellant.
Levy of penalty @200% - e-way bill which was generated by the appellant had expired and at the time when the vehicle was intercepted four days had lapsed - The High Court acknowledged that penalties should not be imposed without considering mens rea. While the statute allows for a penalty of 200%, it does not absolve authorities from considering circumstances and intentions. Despite the expiration of the e-way bill, the Court found that the appellant's failure to extend the validity was a crucial factor. However, it noted that the penalty was calculated on a higher value than the invoice, indicating arbitrariness on the part of the authorities. Ultimately, the Court partially allowed the appeal, imposing a reduced penalty but refrained from completely exonerating the appellant.
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