Retrospective application of beneficial circulars upheld, binding officers and granting post adjudication relief where adjudication occurred after cir...
Admissibility of Investigation Statements requires witness examination before the adjudicating authority; otherwise statements cannot sustain a penalt...
Transaction value and connected person treatment in excise valuation: proprietary concerns not inter connected undertakings, relief on valuation and c...
Appointment of Registrars as adjudicating officers under Companies Act reallocates territorial jurisdiction and sets appeal route to Regional Director...
Composite supply of drilling services and site specific chemicals characterised as composite supply; prior advance rulings set aside, tax rate left op...
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An adjudication order was vitiated for want of jurisdiction because it was digitally signed by the Commercial Tax Officer, the power to pass the order lay with the Deputy Commissioner; the digital signature was treated as primary evidence of the decision-making authority, and the State's explanation that the order had been uploaded through another officer's dashboard was rejected. The Court, however, did not accept the assessee's objection on limitation, holding that the show cause notice had been issued by the competent authority and the assessee had participated in the proceedings, so a procedural defect at the stage of the order did not justify avoiding adjudication altogether. The order was set aside and the matter remitted for fresh decision by the Deputy Commissioner after hearing.
An adjudication order was vitiated for want of jurisdiction because it was digitally signed by the Commercial Tax Officer, the power to pass the order lay with the Deputy Commissioner; the digital signature was treated as primary evidence of the decision-making authority, and the State's explanation that the order had been uploaded through another officer's dashboard was rejected. The Court, however, did not accept the assessee's objection on limitation, holding that the show cause notice had been issued by the competent authority and the assessee had participated in the proceedings, so a procedural defect at the stage of the order did not justify avoiding adjudication altogether. The order was set aside and the matter remitted for fresh decision by the Deputy Commissioner after hearing.
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