Condonation of Delay: directoral disputes and pending company proceedings can constitute reasonable cause, allowing a belated return to be treated as ...
Revisionary jurisdiction under section 263 upheld; faceless assessments subject to revision when AO fails requisite enquiries, remitted for fresh asse...
Limited scope of processing under section 143(1): enhancement without show cause is unsustainable; remand for residency, taxation and TDS verification...
Power to stay investigation under inherent jurisdiction is confined to rare cases of miscarriage of justice or where an FIR discloses no cognizable offence; on surface evaluation the FIR here disclosed prima facie cognizable offences, so no stay or interim protection was granted. A subsequent FIR was held permissible where its allegations and scope materially differed from an earlier FIR. Issuance of non-bailable warrants was sustained because material indicated the accused evaded lawful process. Parallel civil or company remedies did not bar criminal proceedings where prima facie criminality is shown and the complaint was not a colourable device.
Power to stay investigation under inherent jurisdiction is confined to rare cases of miscarriage of justice or where an FIR discloses no cognizable offence; on surface evaluation the FIR here disclosed prima facie cognizable offences, so no stay or interim protection was granted. A subsequent FIR was held permissible where its allegations and scope materially differed from an earlier FIR. Issuance of non-bailable warrants was sustained because material indicated the accused evaded lawful process. Parallel civil or company remedies did not bar criminal proceedings where prima facie criminality is shown and the complaint was not a colourable device.
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