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...
The High Court found a violation of natural justice as the show cause notice lacked details of hearing. Referring to legal precedents, the Court emphasized the importance of legislative intent in interpreting statutes. It noted that clear statutory language must be followed without implying additional terms. The Court clarified that a casus omissus can only be filled if there is a clear necessity within the statute. While interpreting statutes, the plain meaning rule applies, and any hardship cannot alter the language used. The Court highlighted the significance of personal hearing in tax matters and remanded the case for proper adherence to statutory procedures, emphasizing the need for personal hearing before passing a fresh order.
The High Court found a violation of natural justice as the show cause notice lacked details of hearing. Referring to legal precedents, the Court emphasized the importance of legislative intent in interpreting statutes. It noted that clear statutory language must be followed without implying additional terms. The Court clarified that a casus omissus can only be filled if there is a clear necessity within the statute. While interpreting statutes, the plain meaning rule applies, and any hardship cannot alter the language used. The Court highlighted the significance of personal hearing in tax matters and remanded the case for proper adherence to statutory procedures, emphasizing the need for personal hearing before passing a fresh order.
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