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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The HC quashed the Audit Assessment Order dated 21.03.2025 and the notice dated 01.05.2024 issued in Form VAT-306 as void for want of jurisdiction and as time-barred. The court held the AVR was invalid because Section 41(4)'s mandatory time-limit was not complied with; consequently the Assessing Authority could not lawfully invoke Section 42 after having earlier proceeded under Section 43. Section 49(2) cannot be used to cure an intra-statutory jurisdictional error where the authority erroneously chose Section 43 over Section 42. All proceedings and consequential acts founded on the invalid AVR and the delayed Form VAT-306 notice therefore collapsed and the petition was allowed.
The HC quashed the Audit Assessment Order dated 21.03.2025 and the notice dated 01.05.2024 issued in Form VAT-306 as void for want of jurisdiction and as time-barred. The court held the AVR was invalid because Section 41(4)'s mandatory time-limit was not complied with; consequently the Assessing Authority could not lawfully invoke Section 42 after having earlier proceeded under Section 43. Section 49(2) cannot be used to cure an intra-statutory jurisdictional error where the authority erroneously chose Section 43 over Section 42. All proceedings and consequential acts founded on the invalid AVR and the delayed Form VAT-306 notice therefore collapsed and the petition was allowed.
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