Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
The HC set aside the cancellation order dated 6th August 2024 and the subsequent appellate order dated 21st March 2025, restoring the petitioner's registration. The court found that while registration was cancelled for non-filing of returns, there was no evidence of dubious tax evasion practices. Emphasizing that suspension would be counterproductive to revenue interests as it prevents business operations and tax recovery, the court adopted a pragmatic approach. The restoration was granted conditionally, requiring the petitioner to file all outstanding returns for the default period and pay requisite taxes, interest, fines, and penalties. The court noted that respondents cannot determine final liability without filed returns, making restoration essential for proper tax administration.
The HC set aside the cancellation order dated 6th August 2024 and the subsequent appellate order dated 21st March 2025, restoring the petitioner's registration. The court found that while registration was cancelled for non-filing of returns, there was no evidence of dubious tax evasion practices. Emphasizing that suspension would be counterproductive to revenue interests as it prevents business operations and tax recovery, the court adopted a pragmatic approach. The restoration was granted conditionally, requiring the petitioner to file all outstanding returns for the default period and pay requisite taxes, interest, fines, and penalties. The court noted that respondents cannot determine final liability without filed returns, making restoration essential for proper tax administration.
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