Managerial remuneration disallowance under s.40A(2)(b) challenged over alleged tax-avoidance; appellate decision restored deletion of addition for dir...
Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
Reversal of input tax credit in proportion to exempt supply: specificity of show-cause notice required; order set aside, fresh proceedings allowed wit...
The dominant issue was whether the show-cause notices alleging insider trading were without jurisdiction and violative of natural justice. Interpreting the statutory scheme for appointment/delegation of adjudicatory functions, and applying the legislative intent recognised in Vijay Karia, the court held that only an officer of the rank of CGM or above could validly initiate such action; a DGM lacked competence, making the notices ultra vires and amenable to writ interference despite the usual restraint against entertaining challenges to show-cause notices. The notices were also found vitiated by pre-determination of guilt and non-supply of relied-upon investigation material, breaching fairness and natural justice; consequently, the notices were quashed. - HC
The dominant issue was whether the show-cause notices alleging insider trading were without jurisdiction and violative of natural justice. Interpreting the statutory scheme for appointment/delegation of adjudicatory functions, and applying the legislative intent recognised in Vijay Karia, the court held that only an officer of the rank of CGM or above could validly initiate such action; a DGM lacked competence, making the notices ultra vires and amenable to writ interference despite the usual restraint against entertaining challenges to show-cause notices. The notices were also found vitiated by pre-determination of guilt and non-supply of relied-upon investigation material, breaching fairness and natural justice; consequently, the notices were quashed. - HC
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