Reversal of input tax credit in proportion to exempt supply: specificity of show-cause notice required; order set aside, fresh proceedings allowed wit...
Benami transaction and beneficial ownership: documentary and circumstantial evidence show payors were true beneficiaries, resulting in PBPTA consequen...
Sanction for prosecution of a public servant must be granted by the authority competent to remove the officer; a sanction accorded by a subordinate authority is a jurisdictional defect, rendering the sanction void ab initio and necessitating discharge, which was accordingly upheld and proceedings terminated. The statutory requirement in Section 19(1)(c) of the PC Act is anchored in the constitutional safeguard of Article 311(1), and departmental circulars cannot cure the defect; the curative principle is inapplicable where a superior legal impediment exists (withdrawal of general consent), so no fresh sanction could sustain the prosecution.
Sanction for prosecution of a public servant must be granted by the authority competent to remove the officer; a sanction accorded by a subordinate authority is a jurisdictional defect, rendering the sanction void ab initio and necessitating discharge, which was accordingly upheld and proceedings terminated. The statutory requirement in Section 19(1)(c) of the PC Act is anchored in the constitutional safeguard of Article 311(1), and departmental circulars cannot cure the defect; the curative principle is inapplicable where a superior legal impediment exists (withdrawal of general consent), so no fresh sanction could sustain the prosecution.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4811 
Join Channel 
