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Constitutional judicial review permits challenges to ECIRs and connected money-laundering proceedings where coercive action affects fundamental intere...
The High Court reviewed a challenge to an interim order requiring appellants to deposit 20% of the remaining unpaid interest within a specified timeframe. The court held that the statute governing appeals to the tribunal does not mandate payment of 20% of disputed interest, but rather 20% of the remaining tax amount in dispute. The court emphasized that statutory provisions should guide judicial discretion, leading to the conclusion that the condition imposed by the lower court was improper. As a result, the appeal was allowed.
The High Court reviewed a challenge to an interim order requiring appellants to deposit 20% of the remaining unpaid interest within a specified timeframe. The court held that the statute governing appeals to the tribunal does not mandate payment of 20% of disputed interest, but rather 20% of the remaining tax amount in dispute. The court emphasized that statutory provisions should guide judicial discretion, leading to the conclusion that the condition imposed by the lower court was improper. As a result, the appeal was allowed.
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