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...
Penalty proceedings against a licensee of a Special Warehouse under section 58A were invalidated because they were initiated under generic Warehouse Regulations instead of the Special Warehouse Regulations that govern section 58A licensees; reliance on an audit report that was not supplied to the licensee and commencement of proceedings nearly five years after surrender and acceptance of the licence further vitiated the case. The combination of incorrect regulatory basis, non-disclosure of the foundational audit document and inordinate delay rendered the penalty order unsustainable, and remand was refused in favor of quashing the order.
Penalty proceedings against a licensee of a Special Warehouse under section 58A were invalidated because they were initiated under generic Warehouse Regulations instead of the Special Warehouse Regulations that govern section 58A licensees; reliance on an audit report that was not supplied to the licensee and commencement of proceedings nearly five years after surrender and acceptance of the licence further vitiated the case. The combination of incorrect regulatory basis, non-disclosure of the foundational audit document and inordinate delay rendered the penalty order unsustainable, and remand was refused in favor of quashing the order.
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