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...
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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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