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...
The petitioner challenged the differential tax liability demand for the financial years 2017-18 to 2021-22 and the attachment of the bank account. The court observed that although the respondent issued Form DRC-01A, and the petitioner replied, the subsequent Form DRC-01 was uploaded on the portal without the petitioner's knowledge. The petitioner blamed the accountant for not appearing before the authority. However, the court held that the assessee is responsible for appearing before the authority. Once the show cause notice is uploaded on the portal, the petitioner should have filed a reply within the stipulated time. The petitioner cannot blame the department for not providing a physical copy. The court opined that an opportunity to file a reply and a personal hearing before the authority should be granted to the petitioner, as the impugned orders were passed ex-parte, violating natural justice principles. Consequently, the court set aside the impugned orders and disposed of the petition.
The petitioner challenged the differential tax liability demand for the financial years 2017-18 to 2021-22 and the attachment of the bank account. The court observed that although the respondent issued Form DRC-01A, and the petitioner replied, the subsequent Form DRC-01 was uploaded on the portal without the petitioner's knowledge. The petitioner blamed the accountant for not appearing before the authority. However, the court held that the assessee is responsible for appearing before the authority. Once the show cause notice is uploaded on the portal, the petitioner should have filed a reply within the stipulated time. The petitioner cannot blame the department for not providing a physical copy. The court opined that an opportunity to file a reply and a personal hearing before the authority should be granted to the petitioner, as the impugned orders were passed ex-parte, violating natural justice principles. Consequently, the court set aside the impugned orders and disposed of the petition.
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