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 dismissed the petition challenging the validity of the order of reassessment. It held that sufficient opportunities were granted to the petitioner by serving notices physically and through email. The petitioner had responded to the notice u/s 148A(b) of the Act and even sought further time for filing an additional response. However, no objection was subsequently filed, and the Income Tax Officer passed appropriate orders in accordance with the law. The petitioner had provided an email address for communication and had submitted a response through that email ID. Hence, notices issued to that email ID cannot be considered irregular. The petitioner was aware of the proceedings but failed to avail the opportunity granted. The contention of unawareness of the technological mode of serving notices was rejected by the Court. The Court found no merit in the contention regarding violation of principles of natural justice.
The High Court dismissed the petition challenging the validity of the order of reassessment. It held that sufficient opportunities were granted to the petitioner by serving notices physically and through email. The petitioner had responded to the notice u/s 148A(b) of the Act and even sought further time for filing an additional response. However, no objection was subsequently filed, and the Income Tax Officer passed appropriate orders in accordance with the law. The petitioner had provided an email address for communication and had submitted a response through that email ID. Hence, notices issued to that email ID cannot be considered irregular. The petitioner was aware of the proceedings but failed to avail the opportunity granted. The contention of unawareness of the technological mode of serving notices was rejected by the Court. The Court found no merit in the contention regarding violation of principles of natural justice.
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