Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Service...
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The High Court held that the reopening of assessment u/s 147 did not violate the provisions of Section 148A. The respondents provided the petitioners an opportunity of being heard as specified in the order. The court found that the impugned orders mentioned the non-genuine accommodation entries made by Shri Ashok Kumar Gupta through various firms controlled by him, including M/s Kalki Trading Company and M/s Swastik Traders. The petitioners admitted transactions with these firms, involving the purchase and sale of commodities on the same day, indicating paper transactions. The court opined that the impugned orders u/s 148A(d) did not violate Section 148A, and the transactions being bogus, the petitioners' contentions regarding sale and not purchase lost their effect. The impugned orders did not fall within the exceptions settled by the Supreme Court in Godrej Sara Lee case.
The High Court held that the reopening of assessment u/s 147 did not violate the provisions of Section 148A. The respondents provided the petitioners an opportunity of being heard as specified in the order. The court found that the impugned orders mentioned the non-genuine accommodation entries made by Shri Ashok Kumar Gupta through various firms controlled by him, including M/s Kalki Trading Company and M/s Swastik Traders. The petitioners admitted transactions with these firms, involving the purchase and sale of commodities on the same day, indicating paper transactions. The court opined that the impugned orders u/s 148A(d) did not violate Section 148A, and the transactions being bogus, the petitioners' contentions regarding sale and not purchase lost their effect. The impugned orders did not fall within the exceptions settled by the Supreme Court in Godrej Sara Lee case.
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