Tax determination against deceased proprietor invalid where no notice to legal representative; appeal rejected without addressing jurisdictional defec...
Revocation of GST registration and permission to file blocked returns; conditional defreezing of bank accounts after security and instalment applicati...
Right to access seized electronic evidence: impugned adjudication treated as additional show cause notice, remand for fresh hearing and return of mate...
Revisability of return invalidation communications under tax procedure affirmed, impugned non revisional finding quashed and matter remitted for fresh...
Dishonour complaints under s.138 NI Act were examined where the corporate debtor's CIRP had commenced and a liquidator had taken charge before cheque presentation, resulting in return remarks "ACCOUNT BLOCKED." Since the directors were divested of control over bank accounts upon moratorium and insolvency administration, vicarious liability for post-moratorium dishonour could not be fastened on them; the summoning orders were quashed. Independently, "account blocked" due to statutory insolvency restraints is not dishonour "for insufficiency of funds," so the essential ingredient of s.138 was not established; the complaints and all consequential proceedings were quashed. - HC
Dishonour complaints under s.138 NI Act were examined where the corporate debtor's CIRP had commenced and a liquidator had taken charge before cheque presentation, resulting in return remarks "ACCOUNT BLOCKED." Since the directors were divested of control over bank accounts upon moratorium and insolvency administration, vicarious liability for post-moratorium dishonour could not be fastened on them; the summoning orders were quashed. Independently, "account blocked" due to statutory insolvency restraints is not dishonour "for insufficiency of funds," so the essential ingredient of s.138 was not established; the complaints and all consequential proceedings were quashed. - HC
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4828 
Join Channel 
