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 the impugned adjudication suffered from jurisdictional error and breach of natural justice by travelling beyond the show cause notice and relying on adverse material without confrontation. The Court held that an adjudication cannot confirm a demand far in excess of the proposed demand and must provide the noticee a fair opportunity to meet adverse material; otherwise, the order is vitiated and writ jurisdiction may be invoked despite the availability of an appellate remedy. The matter was directed to proceed afresh by supplying the adverse material, permitting objections within a month, and granting a personal hearing on advance notice, and the petition was disposed of accordingly - HC
The dominant issue was whether the impugned adjudication suffered from jurisdictional error and breach of natural justice by travelling beyond the show cause notice and relying on adverse material without confrontation. The Court held that an adjudication cannot confirm a demand far in excess of the proposed demand and must provide the noticee a fair opportunity to meet adverse material; otherwise, the order is vitiated and writ jurisdiction may be invoked despite the availability of an appellate remedy. The matter was directed to proceed afresh by supplying the adverse material, permitting objections within a month, and granting a personal hearing on advance notice, and the petition was disposed of accordingly - HC
Note: It is a system-generated summary and is for quick reference only.