Fraudulent trading requires cogent evidence of intent to defraud; ordinary-course payments protected, except post-insolvency withdrawals must be resto...
Religious purpose exclusion versus charitable purpose: non overriding religious objects do not attract Explanation 3, registration directed under sect...
Search-assessment proviso jurisdiction, time-barred valuation reports, and denial of cross-examination vitiate valuation-based and confession-based ad...
Whether regular bail should be granted for alleged fraudulently availed and passed on input tax credit: court noted prosecution rests on documentary evidence already seized, absence of prior similar involvement, that the offence attracts maximum five years' imprisonment and offences involving evasion up to Rs.5 crore are bailable, the matter is a magisterial trial and prolonged custody would be unproductive; accordingly the accused is entitled to bail, subject to furnishing of bail bond and surety bond to the satisfaction of the trial court/duty magistrate on usual terms and conditions. - HC
Whether regular bail should be granted for alleged fraudulently availed and passed on input tax credit: court noted prosecution rests on documentary evidence already seized, absence of prior similar involvement, that the offence attracts maximum five years' imprisonment and offences involving evasion up to Rs.5 crore are bailable, the matter is a magisterial trial and prolonged custody would be unproductive; accordingly the accused is entitled to bail, subject to furnishing of bail bond and surety bond to the satisfaction of the trial court/duty magistrate on usual terms and conditions. - HC
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