Minimum alternate tax exclusions for pre-amendment banking companies and expatriate Indian branch salaries remain outside head office expenditure limi...
Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Prosecution for failure to file an income tax return under the penal provision was quashed because the officer who initiated the complaint lacked jurisdiction after no transfer of the case was shown, and the sanction was treated as having been granted without proper consideration of jurisdiction. The Court also held that prosecution could not be sustained without regular assessment determining tax liability after giving credit for tax deducted at source and other payments. Relying on precedent, it further found that absence of penalty proceedings for non-filing made continuation of the criminal case an abuse of process.
Prosecution for failure to file an income tax return under the penal provision was quashed because the officer who initiated the complaint lacked jurisdiction after no transfer of the case was shown, and the sanction was treated as having been granted without proper consideration of jurisdiction. The Court also held that prosecution could not be sustained without regular assessment determining tax liability after giving credit for tax deducted at source and other payments. Relying on precedent, it further found that absence of penalty proceedings for non-filing made continuation of the criminal case an abuse of process.
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