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...
Challenge to adjudication order u/s 73(9) of CGST/WBGST Act, 2017 - petitioners claimed no opportunity of hearing, violating principles of natural justice and CBIC circular. Court held petitioners' response was considered by proper officer as noted in order. Sufficiency of response cannot be subject matter of writ petition under Article 226. Though petitioners claimed violation of statutory provisions by not affording hearing, it was an afterthought as they did not file appeal within limitation period or approach Court expeditiously. Court granted leave to prefer appeal on payment of costs, subject to filing within two weeks. Petition disposed of.
Challenge to adjudication order u/s 73(9) of CGST/WBGST Act, 2017 - petitioners claimed no opportunity of hearing, violating principles of natural justice and CBIC circular. Court held petitioners' response was considered by proper officer as noted in order. Sufficiency of response cannot be subject matter of writ petition under Article 226. Though petitioners claimed violation of statutory provisions by not affording hearing, it was an afterthought as they did not file appeal within limitation period or approach Court expeditiously. Court granted leave to prefer appeal on payment of costs, subject to filing within two weeks. Petition disposed of.
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