Arrest safeguards and transit remand requirements invalidated detention following inter-State transfer without communicated grounds or magistrate auth...
Arrest safeguards require disclosed grounds, relative intimation and transit remand, while duplicate prosecution under the CGST framework is unsustain...
Document Identification Number defects can invalidate GST assessments, with delayed challenges entertained conditionally where patent irregularities e...
Windmill commissioning evidence supported higher depreciation where grid connection and electricity generation proved operational use before the relev...
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The appellate authority misread Rule 112 by treating production of additional evidence in appeal as unavailable, without examining whether the case fell within clauses (a) to (d) of sub-rule (1). The High Court held that the petitioner's contentions on the admissibility of additional evidence required consideration, and that the matter could also have been remanded to the original authority if factual examination was necessary. Because the substantive grounds and additional evidence were not considered under Rule 112, the appellate order could not stand. The order was set aside and the appeal remanded for fresh decision, with all contentions left open.
The appellate authority misread Rule 112 by treating production of additional evidence in appeal as unavailable, without examining whether the case fell within clauses (a) to (d) of sub-rule (1). The High Court held that the petitioner's contentions on the admissibility of additional evidence required consideration, and that the matter could also have been remanded to the original authority if factual examination was necessary. Because the substantive grounds and additional evidence were not considered under Rule 112, the appellate order could not stand. The order was set aside and the appeal remanded for fresh decision, with all contentions left open.
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