Capital-gains exemption for charitable trusts extends to qualifying fixed deposits, while unrecoverable TDS write-offs may constitute income applicati...
India-UK treaty characterisation of telecom-service receipts as business profits withstands unilateral domestic-law amendments for Indian tax purposes...
Transfer-pricing reimbursement adjustments require uncontrolled comparables and cannot become expense-genuineness reviews, resulting in deletion of th...
Food import sampling requirements support provisional release where unseized consignments conform to standards and raw areca classification is unestab...
HC dismissed the writ petition and held it premature and not maintainable, directing the petitioner to pursue the statutory remedy under Section 107 rather than relief under Article 226. The court recorded that where a proper officer (not below Joint Commissioner) has reasons to believe under Section 67 of suppression or evasion, he may inspect, search and, under Section 69, arrest, and seize documents; thereafter a notice under Section 73 (three-year limitation) or Section 74 (five-year limitation) may be issued. The court refused to examine the correctness of issuance of a Section 74 notice at writ stage, leaving the limitation and merits to the adjudicatory authority; observations of the HC are not to influence the proper officer.
HC dismissed the writ petition and held it premature and not maintainable, directing the petitioner to pursue the statutory remedy under Section 107 rather than relief under Article 226. The court recorded that where a proper officer (not below Joint Commissioner) has reasons to believe under Section 67 of suppression or evasion, he may inspect, search and, under Section 69, arrest, and seize documents; thereafter a notice under Section 73 (three-year limitation) or Section 74 (five-year limitation) may be issued. The court refused to examine the correctness of issuance of a Section 74 notice at writ stage, leaving the limitation and merits to the adjudicatory authority; observations of the HC are not to influence the proper officer.
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