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...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
In a stay of demand matter, the HC held that the impugned order was defective because the authority fixed the amount payable and instalment schedule without discernible application of mind or a reasoned consideration of relevant factors. Referring to the CBDT stay guidelines, the Court required the stay application to be decided through a speaking order after hearing the taxpayer and considering the Supreme Court decision and the Circular. The stay order was set aside, the matter was remitted for fresh decision on merits, and recovery pursuant to the assessment order was kept in abeyance until reconsideration.
In a stay of demand matter, the HC held that the impugned order was defective because the authority fixed the amount payable and instalment schedule without discernible application of mind or a reasoned consideration of relevant factors. Referring to the CBDT stay guidelines, the Court required the stay application to be decided through a speaking order after hearing the taxpayer and considering the Supreme Court decision and the Circular. The stay order was set aside, the matter was remitted for fresh decision on merits, and recovery pursuant to the assessment order was kept in abeyance until reconsideration.
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