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...
Tax exemption for specified legal-services authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and...
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The High Court cancelled the bail granted to the respondent Gautam Garg, finding that the lower court had misconstrued the facts and legal position u/s 132 of the CGST Act. The Court held that the absence of material indicating the accused as the manager of the firms is not essential for prosecution u/s 132, which covers those who "cause to commit" offenses related to availing input tax credit without issuing invoices or supplying goods. The legislature amended Section 132 to catch hold of offenders enabling companies to avail input credit illegally. The Court found the respondent's arguments regarding accountability of only individuals engaged in management unsustainable and observed that while considering bail, courts should not delve into the legality of arrest unless there is a gross violation.
The High Court cancelled the bail granted to the respondent Gautam Garg, finding that the lower court had misconstrued the facts and legal position u/s 132 of the CGST Act. The Court held that the absence of material indicating the accused as the manager of the firms is not essential for prosecution u/s 132, which covers those who "cause to commit" offenses related to availing input tax credit without issuing invoices or supplying goods. The legislature amended Section 132 to catch hold of offenders enabling companies to avail input credit illegally. The Court found the respondent's arguments regarding accountability of only individuals engaged in management unsustainable and observed that while considering bail, courts should not delve into the legality of arrest unless there is a gross violation.
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