Minimum alternate tax exclusions for pre-amendment banking companies and expatriate Indian branch salaries remain outside head office expenditure limi...
Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
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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