Search-assessment proviso jurisdiction, time-barred valuation reports, and denial of cross-examination vitiate valuation-based and confession-based ad...
Proceeds of crime: provisional attachment confirmed; equivalent value attachment and acquisition date fair market value upheld, Covid exclusion preser...
Effective service requirement: officers must explore alternative service modes beyond the GST portal and afford personal hearing; non-compliance voids...
Parallel tax enforcement on the same subject-matter was held impermissible where the Central Tax Authority had already proceeded against alleged fraudulent availment of input tax credit for the same period. Applying the rule against overlapping coercive action, the Court found the State Tax Authority's provisional attachment of the petitioner's bank accounts unwarranted, arbitrary, and lacking lawful foundation, and quashed the attachment while permitting operation of the accounts. The Court also clarified that independent investigation against suppliers could continue in accordance with law, but it could not justify continued restraint on the petitioner's business or bank accounts.
Parallel tax enforcement on the same subject-matter was held impermissible where the Central Tax Authority had already proceeded against alleged fraudulent availment of input tax credit for the same period. Applying the rule against overlapping coercive action, the Court found the State Tax Authority's provisional attachment of the petitioner's bank accounts unwarranted, arbitrary, and lacking lawful foundation, and quashed the attachment while permitting operation of the accounts. The Court also clarified that independent investigation against suppliers could continue in accordance with law, but it could not justify continued restraint on the petitioner's business or bank accounts.
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