CENVAT credit for trading requires reversal, while taxable-service rental credit remains proportionately available and limitation issues await resolut...
Vicarious liability for dishonoured company cheques may extend to non-signatory directors where complaints contain foundational responsibility avermen...
Charitable registration turns on predominant purpose and genuine activities, while incidental fees and related-party rent require supporting adverse m...
MAT book-profit adjustments exclude disallowances for exempt-income expenditure and demerger expenditure unless expressly listed under the statutory c...
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The HC held that under s.67(1) only the Joint Commissioner may form the requisite reasons to believe and may authorise in writing another officer; no officer below the rank of Joint Commissioner can, of their own accord, inspect a taxable person's premises. Where the Joint Commissioner issues a written authorisation, the authorised officer may conduct inspection and confiscate goods or documents under s.67(2). The authorised officer must inform the taxable person that an authorisation has been received, though there is no obligation to furnish a copy of the Joint Commissioner's order or disclose its contents; the inspecting delegate must, however, provide details of the authorisation when exercising inspection/confiscation powers. The impugned actions were upheld and the petition dismissed.
The HC held that under s.67(1) only the Joint Commissioner may form the requisite reasons to believe and may authorise in writing another officer; no officer below the rank of Joint Commissioner can, of their own accord, inspect a taxable person's premises. Where the Joint Commissioner issues a written authorisation, the authorised officer may conduct inspection and confiscate goods or documents under s.67(2). The authorised officer must inform the taxable person that an authorisation has been received, though there is no obligation to furnish a copy of the Joint Commissioner's order or disclose its contents; the inspecting delegate must, however, provide details of the authorisation when exercising inspection/confiscation powers. The impugned actions were upheld and the petition dismissed.
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