Search and seizure: abatement of earlier search bars use of prior seized material in later search-based assessments; relief limited to new documents f...
Admission of additional evidence under remand rules must await a meaningful remand report; failure to do so breaches natural justice and mandates rema...
Given the non-functional status of the GST Appellate Tribunal, the writ petitioner sought liberty to pursue the statutory appellate remedy once the Tribunal becomes operational. Relying on relevant executive notifications and circulars evidencing constitution/operationalization of the Tribunal, the Court directed that upon the President/State President assuming office, the petitioner may file an appeal under the CGST/SGST framework with the requisite statutory pre-deposit, and the appellate authority shall decide it in accordance with law. The statutory stay under s.112(9) shall continue until disposal of the appeal, failing which recovery may proceed if the appeal is not filed within limitation. - HC
Given the non-functional status of the GST Appellate Tribunal, the writ petitioner sought liberty to pursue the statutory appellate remedy once the Tribunal becomes operational. Relying on relevant executive notifications and circulars evidencing constitution/operationalization of the Tribunal, the Court directed that upon the President/State President assuming office, the petitioner may file an appeal under the CGST/SGST framework with the requisite statutory pre-deposit, and the appellate authority shall decide it in accordance with law. The statutory stay under s.112(9) shall continue until disposal of the appeal, failing which recovery may proceed if the appeal is not filed within limitation. - HC
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