Inventory write-off and fraudulent/wrongful trading allegations in corporate insolvency led to director liability principles applied and appeal dismis...
Condonation of delay in filing GSTR-3B returns and entitlement to Section 62 benefit results in withdrawal of assessments and revocation of attachment...
The dominant issue was whether a penalty order under s.271(1)(c) could be validly passed during pendency of the quantum appeal, and within the limitation framework of s.275. Relying on binding precedent, the Court held that such penalty orders are premature, illegal, and without jurisdiction because the authority must keep penalty proceedings in abeyance until the appellate forum disposes of the appeal, upon which jurisdiction to impose penalty would arise. The Court also held that the Finance Act, 2025 amendment to s.275 applies prospectively to pending matters from 1 April 2025 but does not revive limitation already expired by 31 March 2025. The impugned penalty order was quashed. - HC
The dominant issue was whether a penalty order under s.271(1)(c) could be validly passed during pendency of the quantum appeal, and within the limitation framework of s.275. Relying on binding precedent, the Court held that such penalty orders are premature, illegal, and without jurisdiction because the authority must keep penalty proceedings in abeyance until the appellate forum disposes of the appeal, upon which jurisdiction to impose penalty would arise. The Court also held that the Finance Act, 2025 amendment to s.275 applies prospectively to pending matters from 1 April 2025 but does not revive limitation already expired by 31 March 2025. The impugned penalty order was quashed. - HC
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