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...
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A reopening notice issued under section 148 in the name of a company already struck off from the register is invalid because jurisdiction cannot be assumed over a non-existent entity. Participation by an ex-director does not cure the defect, and the consequential reassessment order under section 144 read with section 147 falls with the invalid notice. Section 250 of the Companies Act, 2013 did not assist the Revenue because no subsisting liability or obligation of the struck-off company remained on the date of reopening. The notice and reassessment were quashed.
A reopening notice issued under section 148 in the name of a company already struck off from the register is invalid because jurisdiction cannot be assumed over a non-existent entity. Participation by an ex-director does not cure the defect, and the consequential reassessment order under section 144 read with section 147 falls with the invalid notice. Section 250 of the Companies Act, 2013 did not assist the Revenue because no subsisting liability or obligation of the struck-off company remained on the date of reopening. The notice and reassessment were quashed.
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