Arrest safeguards and transit remand requirements invalidated detention following inter-State transfer without communicated grounds or magistrate auth...
Arrest safeguards require disclosed grounds, relative intimation and transit remand, while duplicate prosecution under the CGST framework is unsustain...
Document Identification Number defects can invalidate GST assessments, with delayed challenges entertained conditionally where patent irregularities e...
Windmill commissioning evidence supported higher depreciation where grid connection and electricity generation proved operational use before the relev...
Pharmaceutical promotion and transfer-pricing comparability principles limited disallowances, while uncorroborated search allegations and unsupported ...
Business expenditure substantiation supports scrap credits, statutory payments and expense claims, while depreciation requires proof of actual busines...
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SC held that the respondent lacked authority to issue subsequent provisional attachment orders under sub-section (1) of Section 83 after the initial provisional attachment had ceased by efflux of one year under sub-section (2); permitting renewal would render sub-section (2) otiose and exceed executive power by effectively supplanting statutory prescription. The Court reaffirmed that executive measures may supplement but cannot supplant statutory law and that draconian attachment powers must be construed so as to preserve legislative intent. The impugned orders dated 13 Nov and 18 Dec 2024 were declared invalid, the appeal was allowed, and the appellant's bank accounts ordered defreezed and made operable upon production of this judgment.
SC held that the respondent lacked authority to issue subsequent provisional attachment orders under sub-section (1) of Section 83 after the initial provisional attachment had ceased by efflux of one year under sub-section (2); permitting renewal would render sub-section (2) otiose and exceed executive power by effectively supplanting statutory prescription. The Court reaffirmed that executive measures may supplement but cannot supplant statutory law and that draconian attachment powers must be construed so as to preserve legislative intent. The impugned orders dated 13 Nov and 18 Dec 2024 were declared invalid, the appeal was allowed, and the appellant's bank accounts ordered defreezed and made operable upon production of this judgment.
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