Receipt of immovable property requires actual possession or enjoyment; redevelopment allotments exchanged for tenancy rights fall outside deemed incom...
Section 80P deduction covers Souharda credit societies, including qualifying surplus-deposit interest, subject to member KYC verification for cash dep...
Transfer-pricing benchmarking and capital-receipt principles sustained taxpayer relief, while unsupported property-advance write-offs remained disallo...
The High Court held that the Summary of Show Cause Notice along with the attachment containing tax determination cannot substitute a proper Show Cause Notice as mandated u/s 73 of the CGST/SGST Acts. The impugned order was quashed as it violated principles of natural justice by not providing an opportunity of hearing u/s 75(4) before passing the order. The Court clarified that the Statement u/s 73(3) cannot be treated as a Show Cause Notice required u/s 73(1). Further, Rule 26(3) mandates authentication of the Show Cause Notice, Statement, and Order, which was not followed. Consequently, the impugned order was set aside and the petition disposed of on technical grounds of non-issuance of a proper Show Cause Notice and violation of statutory provisions.
The High Court held that the Summary of Show Cause Notice along with the attachment containing tax determination cannot substitute a proper Show Cause Notice as mandated u/s 73 of the CGST/SGST Acts. The impugned order was quashed as it violated principles of natural justice by not providing an opportunity of hearing u/s 75(4) before passing the order. The Court clarified that the Statement u/s 73(3) cannot be treated as a Show Cause Notice required u/s 73(1). Further, Rule 26(3) mandates authentication of the Show Cause Notice, Statement, and Order, which was not followed. Consequently, the impugned order was set aside and the petition disposed of on technical grounds of non-issuance of a proper Show Cause Notice and violation of statutory provisions.
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