Development agreements require legal possession or effective enjoyment for capital gains transfer; permissive possession and deferred consideration de...
Prolonged sterilisation of development rights supports capital-gains treatment, while business-income disallowances cannot govern capital-gains comput...
Additional evidence in transfer pricing dispute leads to fresh examination, while tax deductions, TDS credit, fee and refund interest require verifica...
Category II AIF pass-through taxation preserves non-business income character; investment receipts cannot be reclassified without applying recognised ...
Mutual fund maturity rules require proper rollover, redemption, disclosure, and due diligence; investor gains cannot excuse regulatory breaches or pen...
Reassessment completed under section 147 read with section 143(3) without issuance of mandatory notice under section 143(2) was held void by the ITAT. The record, including RTI material, did not show issuance of notice, and section 292BB was held to cure only defects in service, not the complete absence of notice. As the reassessment was a nullity, the consequential revision under section 263 could not survive. The Tribunal also held that the invalidity of the underlying reassessment could be raised in collateral or consequential proceedings even without a separate challenge to the reassessment order.
Reassessment completed under section 147 read with section 143(3) without issuance of mandatory notice under section 143(2) was held void by the ITAT. The record, including RTI material, did not show issuance of notice, and section 292BB was held to cure only defects in service, not the complete absence of notice. As the reassessment was a nullity, the consequential revision under section 263 could not survive. The Tribunal also held that the invalidity of the underlying reassessment could be raised in collateral or consequential proceedings even without a separate challenge to the reassessment order.
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