Condonation of delay in filing GSTR-3B returns and entitlement to Section 62 benefit results in withdrawal of assessments and revocation of attachment...
Penalty for estimation of income and disallowances for tax non-deduction clarified: estimation-based penalties not sustainable; additions without conc...
Managerial remuneration disallowance under s.40A(2)(b) challenged over alleged tax-avoidance; appellate decision restored deletion of addition for dir...
In fraud classification proceedings under RBI Master Directions, natural justice was held to require notice, disclosure of material, an opportunity to submit a written representation, and a reasoned order, but not an oral personal hearing as of right. The Court distinguished fraud classification from wilful defaulter proceedings and upheld the regulatory process as a prompt risk-mitigation mechanism. It also held that the borrower must ordinarily be furnished the forensic audit report relevant to the proposed classification, since disclosure of the report is necessary for an effective response; only portions affecting third-party rights may be withheld for recorded reasons, with an opportunity to contest non-disclosure. The appeals were partly allowed.
In fraud classification proceedings under RBI Master Directions, natural justice was held to require notice, disclosure of material, an opportunity to submit a written representation, and a reasoned order, but not an oral personal hearing as of right. The Court distinguished fraud classification from wilful defaulter proceedings and upheld the regulatory process as a prompt risk-mitigation mechanism. It also held that the borrower must ordinarily be furnished the forensic audit report relevant to the proposed classification, since disclosure of the report is necessary for an effective response; only portions affecting third-party rights may be withheld for recorded reasons, with an opportunity to contest non-disclosure. The appeals were partly allowed.
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