Personal liberty safeguards restrict arrest after court-directed GST appearance, requiring interim release where authorities overreach pending proceed...
Alternative statutory remedy and delay bar GST writ challenges despite pending rectification, while distinct subject matter permits parallel proceedin...
Unverified Insight Portal Information Cannot Justify Reassessment Without a Verified Taxpayer-Specific Income-Escape Nexus or Demonstrated Application...
Assessing Officer jurisdiction after statutory transfer invalidates reassessment notices issued by transferor officers and nullifies resulting proceed...
Consequential appeal-effect orders must implement rectification deleting working-capital adjustments and reconsider the resulting arm's-length range c...
The HC allowed the petition and set aside the impugned appellate decision to the extent it refused complete relief to the petitioner. The court held that initiation of proceedings under section 74 requires a recorded finding of fraud, mis-statement or suppression of fact with intent to evade tax, which is absent on the record; accordingly proceedings framed and penalties levied under section 130(3) read with section 122 could not be sustained insofar as they relied on section 74-type allegations. The matter was remitted for reassessment limited to available findings, and any enhanced liability attributable to non-fraudulent discrepancies was confined to the reduced quantum previously accepted.
The HC allowed the petition and set aside the impugned appellate decision to the extent it refused complete relief to the petitioner. The court held that initiation of proceedings under section 74 requires a recorded finding of fraud, mis-statement or suppression of fact with intent to evade tax, which is absent on the record; accordingly proceedings framed and penalties levied under section 130(3) read with section 122 could not be sustained insofar as they relied on section 74-type allegations. The matter was remitted for reassessment limited to available findings, and any enhanced liability attributable to non-fraudulent discrepancies was confined to the reduced quantum previously accepted.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4894 
