Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Service...
Tax exemption for specified legal-services authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and...
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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