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...
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The HC held that the respondent's invocation of jurisdiction under s.161 of the GST enactments confirming tax, interest and penalty violated the principles of natural justice because the petitioner was not heard in person prior to the impugned order dated 23.08.2024, notwithstanding a written reply filed on 16.08.2024. The court nevertheless found that the petitioner had protracted litigation by invoking s.161 beyond its narrow remit to correct apparent errors on the face of the record. The petition was disposed of on condition that the petitioner deposit 100% of the disputed tax amounting to Rs. 11,33,488 within 30 days of receipt of the order.
The HC held that the respondent's invocation of jurisdiction under s.161 of the GST enactments confirming tax, interest and penalty violated the principles of natural justice because the petitioner was not heard in person prior to the impugned order dated 23.08.2024, notwithstanding a written reply filed on 16.08.2024. The court nevertheless found that the petitioner had protracted litigation by invoking s.161 beyond its narrow remit to correct apparent errors on the face of the record. The petition was disposed of on condition that the petitioner deposit 100% of the disputed tax amounting to Rs. 11,33,488 within 30 days of receipt of the order.
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