Allocation of registration charges: contractual clause overriding statutory presumption allowed as deduction against capital gain after unrebutted doc...
Expenditure tied to investments yielding exempt income restricted to attributable costs; broader disallowance disallowed and adjustments to WDV and mi...
Admissibility of Investigative Statements invalidated reliance on coerced emails and valuation redetermination, resulting in set aside of penalties an...
A personal hearing is a mandatory procedural safeguard before an adverse adjudication order under Section 73; where the date for hearing and reply filing are the same, the opportunity is not effective and violates audi alteram partem. Applying Mahaveer Trading Company, the High Court treated this defect as going to the root of the adjudication and held that the order could not stand. The impugned order was quashed and the matter remanded for fresh adjudication after granting a proper hearing.
A personal hearing is a mandatory procedural safeguard before an adverse adjudication order under Section 73; where the date for hearing and reply filing are the same, the opportunity is not effective and violates audi alteram partem. Applying Mahaveer Trading Company, the High Court treated this defect as going to the root of the adjudication and held that the order could not stand. The impugned order was quashed and the matter remanded for fresh adjudication after granting a proper hearing.
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