Maintainability of a Section 7 insolvency petition against a financial service provider denied; appeal dismissed for non maintainability and complex d...
Provisional attachment under Prevention of Money Laundering Act requires exhaustion of statutory remedies; impugned order set aside, appeal to tribuna...
Restoration of property under Prevention of Money Laundering Act after attachment dispute rendered academic; possession directed to successful resolut...
Goods Transport Agency services via e commerce portals: consignment note creates custody and liability and enables exemption for unregistered recipien...
Rule 46A permits additional evidence before the first appellate authority only in the specified circumstances, and the permission must be supported by a written, reasoned order; the Assessing Officer must also be given a mandatory opportunity to examine and rebut that evidence in compliance with audi alteram partem. Here, no reasons were recorded for admitting the additional evidence and no material showed that the Assessing Officer was afforded any real opportunity to rebut it. The Tribunal therefore erred in sustaining the Commissioner (Appeals)' order. The Tribunal and Commissioner (Appeals) orders were set aside, and the matter was remanded for a fresh speaking order on admission of additional evidence and, if admitted, an opportunity to the Assessing Officer to rebut it.
Rule 46A permits additional evidence before the first appellate authority only in the specified circumstances, and the permission must be supported by a written, reasoned order; the Assessing Officer must also be given a mandatory opportunity to examine and rebut that evidence in compliance with audi alteram partem. Here, no reasons were recorded for admitting the additional evidence and no material showed that the Assessing Officer was afforded any real opportunity to rebut it. The Tribunal therefore erred in sustaining the Commissioner (Appeals)' order. The Tribunal and Commissioner (Appeals) orders were set aside, and the matter was remanded for a fresh speaking order on admission of additional evidence and, if admitted, an opportunity to the Assessing Officer to rebut it.
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