Penalty for estimation of income and disallowances for tax non-deduction clarified: estimation-based penalties not sustainable; additions without conc...
Managerial remuneration disallowance under s.40A(2)(b) challenged over alleged tax-avoidance; appellate decision restored deletion of addition for dir...
Recovery proceedings under s.73 of the GST Act were challenged on the ground that no opportunity of hearing was afforded and the impugned orders reflected non-application of mind. Applying the principle that an order passed without due application of mind is arbitrary and fails the Article 14 test, and noting the breach of natural justice, the Court held the recovery action legally unsustainable; consequently, the impugned orders were quashed and the writ petition was allowed. - HC
Recovery proceedings under s.73 of the GST Act were challenged on the ground that no opportunity of hearing was afforded and the impugned orders reflected non-application of mind. Applying the principle that an order passed without due application of mind is arbitrary and fails the Article 14 test, and noting the breach of natural justice, the Court held the recovery action legally unsustainable; consequently, the impugned orders were quashed and the writ petition was allowed. - HC
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