Power to receive documentary evidence upheld; documents referred in complaint may be placed on record without amendment where omission was inadvertent...
Proof of foreign public documents requires originals or certified diplomatic/notarial copies; inspection must occur in-magna presence and cross-examin...
Prior Sanction Requirement: absence of prescribed approval invalidates reassessment notice; limitation also bars notice if escaped income below thresh...
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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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