Inherited property sale proceeds require capital-gains treatment where ownership is supported by evidence, not suspicion or unverified signature doubt...
Cross-examination of retracted statements is essential where foundational evidence supports a benami allegation and documented funding explanations re...
Capital-goods exemption covers plant-modernisation accessories, while the import restriction applies only to earlier capital-goods components and spar...
Constitutional judicial review permits challenges to ECIRs and connected money-laundering proceedings where coercive action affects fundamental intere...
Breach of natural justice in an assessment process can justify writ intervention despite an alternative appellate remedy, because the bar of alternate remedy is only a rule of discretion and self-restraint. Where the assessee is denied a real, effective and reasonable opportunity to meet the material relied on, the defect goes to the root of the assessment and renders the process void. On that basis, the assessment was quashed, and the consequential demand notice and penalty proceedings, being dependent on it, also fell. The matter was remanded for fresh assessment after a meaningful personal hearing.
Breach of natural justice in an assessment process can justify writ intervention despite an alternative appellate remedy, because the bar of alternate remedy is only a rule of discretion and self-restraint. Where the assessee is denied a real, effective and reasonable opportunity to meet the material relied on, the defect goes to the root of the assessment and renders the process void. On that basis, the assessment was quashed, and the consequential demand notice and penalty proceedings, being dependent on it, also fell. The matter was remanded for fresh assessment after a meaningful personal hearing.
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