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Prima facie cognizance scrutiny excludes defence evidence and mini-trials when complaints disclose alleged investigation non-cooperation.
At the cognizance stage for alleged contravention of the Companies Act, scrutiny is limited to the complaint and supporting material to determine whether they disclose a prima facie case. Defence material and explanations cannot be assessed through a mini-trial at that preliminary stage. Allegations of non-cooperation with an investigation, supported by the complaint record, may justify cognizance and issuance of process where the order demonstrates application of mind to the available material.
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Tax subsidy treatment remained unexamined after insufficient cause barred the special leave petition on limitation.
The issue concerned disallowance under section 43B and the treatment of a subsidy received from the Government of Haryana. Insufficient cause for delay led to rejection of the condonation application and dismissal of the special leave petition as time-barred. No substantive determination of the section 43B disallowance or subsidy treatment is recorded.
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Personal Hearing in Faceless Assessment Invalidates Orders Passed Despite Technical Failure in Requested Video Conferencing
Faceless assessment under section 144B must provide a requested personal hearing through video conferencing, reflecting principles of natural justice. Where technical glitches prevented the assessee from availing the requested facility, without any default by the assessee, passing the draft assessment order without that hearing breached those principles. The draft assessment order and consequential final assessment order were therefore invalid, and the issue was decided in favour of the assessee.
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Assessment of a dissolved company is void because reassessment jurisdiction cannot arise from notice to a non-existent entity.
Dissolution of a company before issuance of a reassessment notice ends its existence as a juristic person, preventing initiation or completion of reassessment against it. A valid reassessment notice is the jurisdictional foundation for reassessment proceedings; notice issued to a non-existent entity cannot confer that jurisdiction. Assessment, demand and penalty actions consequential to such notice are void. Issuing proceedings against a dissolved company constitutes a substantive jurisdictional defect, not a procedural irregularity capable of validation under the statutory saving provision.
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Interim protection against operational suspension granted where the suspension appeared unjustified and the regulatory inquiry timeline was not followed.
Interim protection against suspension of operations was considered warranted pending a contemplated inquiry because a strong prima facie case for relief existed. The suspension appeared prima facie unjustified, and the prescribed timeline under Regulation 11(3) appeared not to have been followed. The appeal was admitted on substantial questions of law, with a stay on the suspension order and consequential public notice pending inquiry. The pending inquiry was directed to proceed without influence from the impugned appellate order.
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Prior notice before disposal of seized gold determines valuation at release, while confiscation appeals delay conditional payment.
Disposal of seized gold without statutory prior notice to its owner under Section 150(1) makes the applicable valuation, if confiscation proceedings ultimately favour the owner, the fair market value on the date release is directed rather than the historical sale proceeds. A pending departmental appeal against non-confiscation leaves abatement and confiscation merits for appellate determination. Immediate disbursement of the gold's value against bank guarantees is not available while that appeal remains unresolved; expedited appellate determination and subsequent conditional payment govern release.
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Customs valuation safeguards invalidate enhancement when transaction value is rejected without communicated reasonable doubt or corroborative evidence.
An importer's written acceptance of an enhanced assessable value under Section 17(5) removes the requirement for a speaking order but does not extinguish the statutory right to challenge reassessment. Declared transaction value may be rejected under Section 14 and Rule 12(2) only after reasonable doubt about its truth or accuracy is formed and communicated. NIDB or contemporaneous-import data, without disclosed supporting material, cogent corroboration, and compliance with sequential valuation rules, cannot alone support enhancement. A reassessment made without these mandatory valuation safeguards is unsustainable.
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Written acceptance of reassessment does not waive an importer's right to challenge unsupported customs value enhancement.
Written acceptance of reassessment under section 17(5) of the Customs Act, 1962 dispenses only with a speaking order and does not waive an importer's statutory right to challenge reassessment or value enhancement. Rejection of declared transaction value under section 14 and rule 12(2) of the Customs Valuation Rules requires reasonable doubt as to its truth or accuracy, communicated before applying the sequential valuation rules. NIDB or contemporaneous-import data alone cannot justify enhancement without independent, cogent and verifiable material. An acceptance letter lacking particulars of comparable imports does not establish compliance with the valuation framework.
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Natural justice in GST assessments requires notice of any rescheduled hearing; otherwise, an ex parte assessment must be reconsidered.
Ex parte assessment orders under Section 73 of the GST Act breach principles of natural justice where the authority neither decides the matter on the scheduled hearing date nor communicates a subsequent hearing date. Failure to provide notice of the rescheduled hearing denies the taxpayer a fair opportunity of personal hearing. Such an assessment order is invalid and requires reconsideration through a fresh hearing followed by a reasoned order in accordance with law.
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General GST Penalty Beyond Statutory Maximum Was Unsustainable Despite Return Filing, Tax Payment and Late-Fee Compliance
General penalty under the CGST and UPGST Acts was unsustainable where the return had been furnished, tax liability discharged and applicable late fee paid. The penalty also exceeded the maximum limit prescribed under the UPGST Act. The show-cause notice and penalty order were set aside on the grounds of completed compliance and breach of the statutory penalty ceiling.
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Digitally signed hearing notices generated minutes apart trigger scrutiny of portal controls and a fresh appellate review.
Generation of three digitally signed personal-hearing notices within minutes on the same date, each carrying a different notice number and hearing schedule, raises concerns over the integrity of the State Tax portal's notice-generation process. The discrepancy was treated as a serious system lacuna capable of enabling manipulation. Scrutiny of portal functioning and the mechanism permitting inconsistent notices was required, together with a report on the process and a fresh appellate order.
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Reassessment notice approvals require sanction from the statutorily designated senior authority, failing which jurisdiction is invalid.
Reassessment notices issued more than three years after the end of the relevant assessment year require prior sanction from the higher authority specified under the applicable reassessment regime. Approval by the Principal Commissioner is insufficient where approval from the Principal Chief Commissioner, Principal Director General, Chief Commissioner or Director General is required, leaving the notice without valid jurisdiction. Time for responding to a notice cannot be excluded from limitation where no extension was sought. A non-speaking dismissal of a Special Leave Petition does not trigger the doctrine of merger or affirm the High Court's reasoning.

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2023 (3) TMI 1393 - AT - Service Tax

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Works contract classification and service tax abatement applied to composite contracts, with demands also barred by limitation.
A composite contract involving supply of materials with execution, design and civil work was treated as works contract service, so no demand under ... Summary

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Acts Income Tax