Business reorganisation requires recognition of successor's modified return; draft orders against dissolved transferor quashed and fresh review direct...
Pre-commencement R&D deduction denied where business had not commenced; deeming benefit requires tangible start of manufacture or commercial exploitat...
Priority of set-off: brought forward business losses must be adjusted before unabsorbed depreciation; procedural safeguards required for invoking rest...
An order passed by a successor officer without the benefit of the earlier personal hearing notes was held to violate natural justice, because the hearing was conducted by one officer and the decision was taken by another after transfer. The Court held that this rendered the hearing meaningless and vitiated the order. It further held that the existence of an alternative statutory remedy did not bar writ jurisdiction where the impugned order itself was tainted by breach of natural justice. The order was set aside and the matter was remitted for fresh consideration, with liberty to the petitioner to appear, file written submissions, and pursue its request for supply of documents.
An order passed by a successor officer without the benefit of the earlier personal hearing notes was held to violate natural justice, because the hearing was conducted by one officer and the decision was taken by another after transfer. The Court held that this rendered the hearing meaningless and vitiated the order. It further held that the existence of an alternative statutory remedy did not bar writ jurisdiction where the impugned order itself was tainted by breach of natural justice. The order was set aside and the matter was remitted for fresh consideration, with liberty to the petitioner to appear, file written submissions, and pursue its request for supply of documents.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4817 
Join Channel 
