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...
The HC dismissed the writ petition challenging suspension of the Assistant Commissioner of State Tax and declined to adjudicate the merits of alleged negligence in failing to act on an adverse report concerning a fictitious input tax credit claim by a bogus firm. The Court held that disciplinary and fact-finding proceedings fall within the disciplinary authority's domain and, under Article 226, it will not usurp that jurisdiction to determine factual disputes. The petition was disposed of with a direction that the disciplinary authority complete the disciplinary inquiry within three months from receipt of the certified copy of this order, thereby preserving the authority's power to adjudicate misconduct and potential departmental action.
The HC dismissed the writ petition challenging suspension of the Assistant Commissioner of State Tax and declined to adjudicate the merits of alleged negligence in failing to act on an adverse report concerning a fictitious input tax credit claim by a bogus firm. The Court held that disciplinary and fact-finding proceedings fall within the disciplinary authority's domain and, under Article 226, it will not usurp that jurisdiction to determine factual disputes. The petition was disposed of with a direction that the disciplinary authority complete the disciplinary inquiry within three months from receipt of the certified copy of this order, thereby preserving the authority's power to adjudicate misconduct and potential departmental action.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4792
Join Channel
TaxTMI 
