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Transfer of going concern and transfer of input tax credit under GST allowed; exemption applies though interstate ledger transfers left to authorities...
Where no statutory limitation applied, authorities must initiate proceedings within a reasonable period; the article explains application of the Supreme Court precedent treating statutory record-preservation periods under the Banking Companies (Period of Preservation of Records) Rules, 1985 (five/eight years unless extended) as relevant to assessing reasonableness of delay. Show cause notices issued long after the preservation period for transactions from the early 1990s were held unreasonable, particularly absent any directive extending preservation and given additional unexplained delay between inquiry and issuance. Consequent relief included quashing the notices and ordering discharge and release of interim bank guarantees.
Where no statutory limitation applied, authorities must initiate proceedings within a reasonable period; the article explains application of the Supreme Court precedent treating statutory record-preservation periods under the Banking Companies (Period of Preservation of Records) Rules, 1985 (five/eight years unless extended) as relevant to assessing reasonableness of delay. Show cause notices issued long after the preservation period for transactions from the early 1990s were held unreasonable, particularly absent any directive extending preservation and given additional unexplained delay between inquiry and issuance. Consequent relief included quashing the notices and ordering discharge and release of interim bank guarantees.
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