Condonation of delay permits statutory appeal restoration where inadequate service explanation prevented consideration of reassessment and taxable-inc...
Limitation in customs appeals permits exclusion for bona fide refund proceedings, enabling restoration of Bill of Entry assessment challenges on merit...
Warehousing permission requires deposit at the designated bonded warehouse; unauthorised diversion triggers confiscation, redemption fine and importer...
The HC quashed non-bailable warrants issued against the petitioner accused of GST evasion through fake firms. The court held that non-bailable warrants should only be issued when an accused fails to appear after service of summons or bailable warrants. In this case, the petitioner had previously cooperated with the investigation, appeared before authorities, and provided statements. The court converted the non-bailable warrants to bailable warrants, noting that the petitioner showed no likelihood of evading legal process. Applying the principle from Tarsem Lal and Sharif Ahmed precedents, the HC emphasized that courts must consider whether an accused is likely to evade justice or tamper with evidence before issuing non-bailable warrants. The presumption of innocence was also affirmed as a fundamental principle of criminal jurisprudence.
The HC quashed non-bailable warrants issued against the petitioner accused of GST evasion through fake firms. The court held that non-bailable warrants should only be issued when an accused fails to appear after service of summons or bailable warrants. In this case, the petitioner had previously cooperated with the investigation, appeared before authorities, and provided statements. The court converted the non-bailable warrants to bailable warrants, noting that the petitioner showed no likelihood of evading legal process. Applying the principle from Tarsem Lal and Sharif Ahmed precedents, the HC emphasized that courts must consider whether an accused is likely to evade justice or tamper with evidence before issuing non-bailable warrants. The presumption of innocence was also affirmed as a fundamental principle of criminal jurisprudence.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4798
Join Channel
TaxTMI 
