Fraud-based GST assessment cannot stand without allegations of fraud, wilful misstatement or suppression; proceedings must follow normal classificatio...
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Proceedings u/s 153A were initiated based on alleged incriminating material found during search, however, the material relied upon was a laptop recovered from Mumbai during a search operation against a different firm, not from the premises of the assessee. While the warrants of authorization u/s 132 were validly issued mentioning the registered office and partners of the assessee firm, no incriminating material was actually found from the assessee's premises to justify proceedings u/s 153A. The High Court held that in absence of any incriminating material recovered from the assessee's premises, the proceedings initiated u/s 153A could not be sustained and were therefore quashed.
Proceedings u/s 153A were initiated based on alleged incriminating material found during search, however, the material relied upon was a laptop recovered from Mumbai during a search operation against a different firm, not from the premises of the assessee. While the warrants of authorization u/s 132 were validly issued mentioning the registered office and partners of the assessee firm, no incriminating material was actually found from the assessee's premises to justify proceedings u/s 153A. The High Court held that in absence of any incriminating material recovered from the assessee's premises, the proceedings initiated u/s 153A could not be sustained and were therefore quashed.
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