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...
Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Service...
Tax exemption for specified legal-services authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and...
The HC held that, although the TVAT Act, 2004 prescribes no express limitation for issuance of show cause notices under s.77, such power must be exercised within a reasonable period. Issuance of SCNs in 2023 for alleged violations between 2013-2018, triggered only after the petitioner sought refund of its security deposit, was found to be inordinate, arbitrary, and actuated by mala fides. The HC ruled that the prolonged, unexplained delay rendered the proceedings without jurisdiction and violative of Arts. 14 and 265 of the Constitution, as an assessee cannot be subjected to an indefinite threat of penalty. Consequently, the impugned SCNs and penalty orders were quashed, and the petition was allowed in favour of the transporter.
The HC held that, although the TVAT Act, 2004 prescribes no express limitation for issuance of show cause notices under s.77, such power must be exercised within a reasonable period. Issuance of SCNs in 2023 for alleged violations between 2013-2018, triggered only after the petitioner sought refund of its security deposit, was found to be inordinate, arbitrary, and actuated by mala fides. The HC ruled that the prolonged, unexplained delay rendered the proceedings without jurisdiction and violative of Arts. 14 and 265 of the Constitution, as an assessee cannot be subjected to an indefinite threat of penalty. Consequently, the impugned SCNs and penalty orders were quashed, and the petition was allowed in favour of the transporter.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4788
Join Channel
TaxTMI 
