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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The HC allowed the petitioner's bail application and directed release on regular bail, recognizing offences alleged under s.132(1)(b),(c) CGST Act (punishable up to five years) but noting these offences are compoundable under s.138. The court observed that the accused's liability and quantum of tax evasion remain subject to assessment/adjudication by the competent authority and that evidence is primarily documentary/electronic, diminishing risk of witness tampering. In the absence of any claim for custodial interrogation, continued detention was held unjustified. The petitioner was ordered released on furnishing personal bond and two sureties of like amount to the satisfaction of the concerned court/duty magistrate and compliance with stipulated conditions.
The HC allowed the petitioner's bail application and directed release on regular bail, recognizing offences alleged under s.132(1)(b),(c) CGST Act (punishable up to five years) but noting these offences are compoundable under s.138. The court observed that the accused's liability and quantum of tax evasion remain subject to assessment/adjudication by the competent authority and that evidence is primarily documentary/electronic, diminishing risk of witness tampering. In the absence of any claim for custodial interrogation, continued detention was held unjustified. The petitioner was ordered released on furnishing personal bond and two sureties of like amount to the satisfaction of the concerned court/duty magistrate and compliance with stipulated conditions.
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