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Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
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The High Court held that the Summary of the Show Cause Notice along with the attachment containing the determination of tax cannot be considered a valid initiation of proceedings u/s 73 without issuance of a proper Show Cause Notice. The Summary is in addition to, but not a substitute for, a proper Show Cause Notice. The impugned order was passed without issuing a proper Show Cause Notice, in violation of Section 73 and Rule 142(1)(a). The Statement attached to the Summary is merely the determination of tax u/s 73(3), not the Show Cause Notice required u/s 73(1). The Summary did not provide an opportunity for personal hearing, contrary to Section 75(4). Consequently, the High Court set aside and quashed the impugned order dated 17.04.2024 issued by the respondent, holding it to be in violation of statutory provisions.
The High Court held that the Summary of the Show Cause Notice along with the attachment containing the determination of tax cannot be considered a valid initiation of proceedings u/s 73 without issuance of a proper Show Cause Notice. The Summary is in addition to, but not a substitute for, a proper Show Cause Notice. The impugned order was passed without issuing a proper Show Cause Notice, in violation of Section 73 and Rule 142(1)(a). The Statement attached to the Summary is merely the determination of tax u/s 73(3), not the Show Cause Notice required u/s 73(1). The Summary did not provide an opportunity for personal hearing, contrary to Section 75(4). Consequently, the High Court set aside and quashed the impugned order dated 17.04.2024 issued by the respondent, holding it to be in violation of statutory provisions.
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