Revolutionary Raja Ram for Tax & Economic Reforms
about 1 year ago
Most people use Case Laws in their replies to Show Cause Notices. Few love to overburden the Officer with as many case laws they find in search. Simply adding these bulky case laws to you reply is not going to help you.
But if you avoid these Three (3) common mistakes, I guarantee you wonโt regret reading this post.
๐ ๐ถ๐๐๐ฎ๐ธ๐ฒ ๐ก๐ผ. ๐ญ - ๐ฅ๐ฒ๐น๐๐ถ๐ป๐ด ๐ผ๐ป ๐ฎ๐น๐น ๐ฐ๐ฎ๐๐ฒ ๐น๐ฎ๐๐: You should use only those case laws that are relevant to your case. Quoting a case law merely to make your reply bulky is not going to help you.
๐ ๐ถ๐๐๐ฎ๐ธ๐ฒ ๐ก๐ผ. ๐ฎ - ๐ฅ๐ฒ๐ฎ๐ฑ๐ถ๐ป๐ด ๐ผ๐ป๐น๐ ๐๐ฒ๐ฎ๐ฑ๐ป๐ผ๐๐ฒ๐: With Technology, our reading habits have changed a lot. There are instances where a case is mentioned in reply on the basis of conclusions drawn by reading the headnote alone.
My advice to everyone would be to read whole judgment of all the cases they are going to rely upon.
๐ ๐ถ๐๐๐ฎ๐ธ๐ฒ ๐ก๐ผ. ๐ฏ - ๐๐ด๐ป๐ผ๐ฟ๐ถ๐ป๐ด ๐๐ฑ๐๐ฒ๐ฟ๐๐ฒ ๐๐ฎ๐๐ฒ ๐๐ฎ๐๐: While doing research for the reply, you will encounter certain adverse case laws. Ignoring them is not going to help you. You should mention these judgments in your reply, and you should distinguish them
If you don't distinguish them, then the Department will definitely will use them, and then you will have no option to distinguish them.
I want to write Part 2 of this post with the top 5 or top 10 mistakes, but I don't know whether you find this post valuable or not. So if you want me to write Part 2 please reply in the comment section.
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