Managerial remuneration disallowance under s.40A(2)(b) challenged over alleged tax-avoidance; appellate decision restored deletion of addition for dir...
Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
Reversal of input tax credit in proportion to exempt supply: specificity of show-cause notice required; order set aside, fresh proceedings allowed wit...
A search must be founded on information giving rise to reason to believe, because search and seizure are invasive acts requiring jurisdictional material; absence of such information invalidates a search. Inspection of seized assets, however, is verificatory and not invasive, so it does not require the same information or reason to believe; inspection may be conducted if it serves any of the purposes of the Act, and a notice under the relevant rules need only be a reasonable notice to the custodian, not a reasoned order. Notices connected to a pending inquiry satisfy the statutory test; the writ challenging the inspections was dismissed.
A search must be founded on information giving rise to reason to believe, because search and seizure are invasive acts requiring jurisdictional material; absence of such information invalidates a search. Inspection of seized assets, however, is verificatory and not invasive, so it does not require the same information or reason to believe; inspection may be conducted if it serves any of the purposes of the Act, and a notice under the relevant rules need only be a reasonable notice to the custodian, not a reasoned order. Notices connected to a pending inquiry satisfy the statutory test; the writ challenging the inspections was dismissed.
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