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 ...
Breach of principles of natural justice and lack of jurisdiction - Excessive tax demand as a condition for remand - time lag of about two months between the show cause notice and the assessment order - Petitioner not participate in proceedings and contest the tax demand - The High court emphasized the importance of the petitioner's participation in proceedings. Consequently, the court quashed the assessment order but imposed conditions for remand, including remittance of 5% of the disputed tax demand and filing a reply to the show cause notice within two weeks.
Breach of principles of natural justice and lack of jurisdiction - Excessive tax demand as a condition for remand - time lag of about two months between the show cause notice and the assessment order - Petitioner not participate in proceedings and contest the tax demand - The High court emphasized the importance of the petitioner's participation in proceedings. Consequently, the court quashed the assessment order but imposed conditions for remand, including remittance of 5% of the disputed tax demand and filing a reply to the show cause notice within two weeks.
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