Composite residential flat exemption upheld where supplementary agreement merged adjoining units and additional evidence supported the taxpayer's inve...
Urgent interim relief exception permits commercial suit without pre-institution mediation where immediate disclosure and asset protection are genuinel...
Payment of the demanded tax, penalty and fine in GST detention and confiscation proceedings did not dispense with the proper officer's duty to adjudicate the show cause notice by a formal, reasoned order. The Court held that consideration of the taxpayer's reply and issuance of a speaking order are part of natural justice and necessary to preserve the statutory appellate remedy. Because the release order did not amount to final adjudication and no reasoned order had been passed, the penalty order could not stand and was set aside. Liberty was granted to pass a fresh speaking order after personal hearing and complete the statutory summary.
Payment of the demanded tax, penalty and fine in GST detention and confiscation proceedings did not dispense with the proper officer's duty to adjudicate the show cause notice by a formal, reasoned order. The Court held that consideration of the taxpayer's reply and issuance of a speaking order are part of natural justice and necessary to preserve the statutory appellate remedy. Because the release order did not amount to final adjudication and no reasoned order had been passed, the penalty order could not stand and was set aside. Liberty was granted to pass a fresh speaking order after personal hearing and complete the statutory summary.
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