Effective hearing in GST adjudication requires actual opportunity to respond; ineffective service through a former auditor invalidated ex parte procee...
Third-party search material requires special assessment route, rendering general reassessment notices without jurisdiction when it forms the proceedin...
Transfer-pricing adjustments must be confined to international associated-enterprise transactions, while functionally dissimilar comparables remain ex...
Insolvency moratorium bars income-tax revision proceedings against corporate debtors until the moratorium ends, preserving merits for later determinat...
Separate arraignment of a sole proprietary concern is unnecessary for a cheque-dishonour complaint against its proprietor. Statutory vicarious criminal liability applies where the drawer is a juristic entity distinct from the individuals sought to be held responsible for its affairs. A sole proprietorship has no legal existence separate from its proprietor; use of a trade name or maintenance of a bank account in that name does not create a separate legal person. Accordingly, proceedings may continue against the proprietor in that capacity without impleading the proprietary concern separately, while questions concerning the underlying liability and defences remain for trial.
Separate arraignment of a sole proprietary concern is unnecessary for a cheque-dishonour complaint against its proprietor. Statutory vicarious criminal liability applies where the drawer is a juristic entity distinct from the individuals sought to be held responsible for its affairs. A sole proprietorship has no legal existence separate from its proprietor; use of a trade name or maintenance of a bank account in that name does not create a separate legal person. Accordingly, proceedings may continue against the proprietor in that capacity without impleading the proprietary concern separately, while questions concerning the underlying liability and defences remain for trial.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4918 
