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...
Threshold exemption excludes exempt services, while stamp-paper purchases avoid reverse charge; consequential service tax penalties were also set asid...
Recovery of indirect-tax dues from legal representatives of a deceased sole proprietor requires statutory machinery authorising proceedings against the heirs or the deceased's estate. Applying the Supreme Court principle in Shabina Abraham to the pari materia recovery provision, the HC noted that the governing law contained no mechanism to treat the dues of the proprietorship concern as payable by the deceased proprietor's legal representatives. The recovery notice issued to the legal representatives was therefore quashed.
Recovery of indirect-tax dues from legal representatives of a deceased sole proprietor requires statutory machinery authorising proceedings against the heirs or the deceased's estate. Applying the Supreme Court principle in Shabina Abraham to the pari materia recovery provision, the HC noted that the governing law contained no mechanism to treat the dues of the proprietorship concern as payable by the deceased proprietor's legal representatives. The recovery notice issued to the legal representatives was therefore quashed.
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