Mechanical approval under search assessment law vitiates assessments when sanction lacks application of mind; retrospective curative provision cannot ...
Foreign portfolio investment liberalisation extends listed equity access to all individual persons resident outside India, subject to limit monitoring...
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Constitutional validity of Rule 86A of the CGST/SGST Rules, 2017, which was challenged for violating Articles 14 and 19(1)(g) of the Constitution of India. The court held that since no pre-decisional hearing was granted before passing the impugned order blocking the petitioner's electronic credit ledger, and the order lacked independent or cogent reasons except relying on the enforcement authority's reports, which is impermissible as it constitutes borrowed satisfaction, the impugned order deserved to be quashed. Consequently, the High Court quashed the impugned order dated 23.01.2020 and directed the respondents to unblock the petitioner's electronic credit ledger immediately to enable the petitioner to file returns forthwith, allowing the petition.
Constitutional validity of Rule 86A of the CGST/SGST Rules, 2017, which was challenged for violating Articles 14 and 19(1)(g) of the Constitution of India. The court held that since no pre-decisional hearing was granted before passing the impugned order blocking the petitioner's electronic credit ledger, and the order lacked independent or cogent reasons except relying on the enforcement authority's reports, which is impermissible as it constitutes borrowed satisfaction, the impugned order deserved to be quashed. Consequently, the High Court quashed the impugned order dated 23.01.2020 and directed the respondents to unblock the petitioner's electronic credit ledger immediately to enable the petitioner to file returns forthwith, allowing the petition.
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