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 ...
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HC set aside the Rectification Order dated 28 June 2024 and disposed of the writ petition. The Court found the impugned rectification order to be mechanical, lacking reasons and failing to apply the principle of natural justice by not affording a personal hearing when the order adversely affected the assessee. Although the petitioner filed a reply and attributed delay to a dispute with a GST consultant, the delay in challenging the December 2023 order was inadequately explained and did not justify condonation; the petitioner had the opportunity to file submissions. Nevertheless, because the rectification was issued without reasoned assessment or hearing, the HC annulled that rectification.
HC set aside the Rectification Order dated 28 June 2024 and disposed of the writ petition. The Court found the impugned rectification order to be mechanical, lacking reasons and failing to apply the principle of natural justice by not affording a personal hearing when the order adversely affected the assessee. Although the petitioner filed a reply and attributed delay to a dispute with a GST consultant, the delay in challenging the December 2023 order was inadequately explained and did not justify condonation; the petitioner had the opportunity to file submissions. Nevertheless, because the rectification was issued without reasoned assessment or hearing, the HC annulled that rectification.
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