Concessional corporate tax option under section 115BAA survives procedural documentary lapses when statutory compliance and earlier exercise are estab...
HC dismissed petitioner's writ petition challenging show-cause notice alleging receipt of smuggled foreign gold and suppression of facts. Court found SCN was issued after considering petitioner's preliminary submissions and provided adequate opportunity for hearing before adjudication. HC held that alleged suppression of facts rendered petitioner's argument about deciding case on admitted facts untenable, as suppression makes admitted facts unreliable and may surface new material requiring reconsideration. Court noted petitioner had adequate statutory remedies available under Sections 128 and 129 of Customs Act through appellate authorities competent to address technical grounds. HC concluded no grounds existed for writ jurisdiction under Article 226 when alternative statutory remedies remained available.
HC dismissed petitioner's writ petition challenging show-cause notice alleging receipt of smuggled foreign gold and suppression of facts. Court found SCN was issued after considering petitioner's preliminary submissions and provided adequate opportunity for hearing before adjudication. HC held that alleged suppression of facts rendered petitioner's argument about deciding case on admitted facts untenable, as suppression makes admitted facts unreliable and may surface new material requiring reconsideration. Court noted petitioner had adequate statutory remedies available under Sections 128 and 129 of Customs Act through appellate authorities competent to address technical grounds. HC concluded no grounds existed for writ jurisdiction under Article 226 when alternative statutory remedies remained available.
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