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Inherited property sale proceeds require capital-gains treatment where ownership is supported by evidence, not suspicion or unverified signature doubt...
Cross-examination of retracted statements is essential where foundational evidence supports a benami allegation and documented funding explanations re...
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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 quashed the Commissioner's order for provisional attachment u/s 83(1) of the Central Goods and Services Tax Act, 2017 due to lack of reasons recorded. The statutory provision mandates the Commissioner to pass a reasoned order indicating the grounds for forming an opinion that provisional attachment is necessary to protect government revenue. Absence of recorded reasons renders the impugned order unsustainable. The matter was remanded to the Commissioner to record reasons afresh if deemed fit, as the reasoned order embodying the opinion is subject to judicial scrutiny. The Court emphasized the statutory requirement of a reasoned order to uphold principles of fair administration.
The High Court quashed the Commissioner's order for provisional attachment u/s 83(1) of the Central Goods and Services Tax Act, 2017 due to lack of reasons recorded. The statutory provision mandates the Commissioner to pass a reasoned order indicating the grounds for forming an opinion that provisional attachment is necessary to protect government revenue. Absence of recorded reasons renders the impugned order unsustainable. The matter was remanded to the Commissioner to record reasons afresh if deemed fit, as the reasoned order embodying the opinion is subject to judicial scrutiny. The Court emphasized the statutory requirement of a reasoned order to uphold principles of fair administration.
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