Inherited property sale proceeds require capital-gains treatment where ownership is supported by evidence, not suspicion or unverified signature doubt...
Cross-examination of retracted statements is essential where foundational evidence supports a benami allegation and documented funding explanations re...
Capital-goods exemption covers plant-modernisation accessories, while the import restriction applies only to earlier capital-goods components and spar...
Constitutional judicial review permits challenges to ECIRs and connected money-laundering proceedings where coercive action affects fundamental intere...
Recovery proceedings were initiated under s.79(1)(f) pursuant to an order under s.73 of the KGST Act, 2017, passed after the noticee failed to file a reply to the show-cause notice or contest the proceedings. The court held that where non-participation is pleaded to be due to bona fide reasons, unavoidable circumstances, and sufficient cause, a justice-oriented approach warrants affording one final opportunity. Accordingly, the adjudication order dated 07.05.2024 was set aside and the matter was remitted to the authority for fresh consideration from the stage of filing reply to the notice dated 28.02.2024, subject to payment of costs. - HC
Recovery proceedings were initiated under s.79(1)(f) pursuant to an order under s.73 of the KGST Act, 2017, passed after the noticee failed to file a reply to the show-cause notice or contest the proceedings. The court held that where non-participation is pleaded to be due to bona fide reasons, unavoidable circumstances, and sufficient cause, a justice-oriented approach warrants affording one final opportunity. Accordingly, the adjudication order dated 07.05.2024 was set aside and the matter was remitted to the authority for fresh consideration from the stage of filing reply to the notice dated 28.02.2024, subject to payment of costs. - HC
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