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 ...
HC invalidated ex parte orders issued by tax authorities due to violation of natural justice principles. The respondent-Department failed to properly serve notices through physical means, only posting them on GST Portal's 'View of additional notices and orders' section, which petitioner was unaware of. The Court found that passing orders without providing opportunity for hearing violated fundamental procedural fairness. Orders were set aside and matter remanded to first respondent for fresh consideration with direction to ensure proper notice and hearing opportunity to petitioner. The ruling emphasizes mandatory compliance with natural justice principles in administrative proceedings, particularly regarding adequate notice and right to be heard.
HC invalidated ex parte orders issued by tax authorities due to violation of natural justice principles. The respondent-Department failed to properly serve notices through physical means, only posting them on GST Portal's 'View of additional notices and orders' section, which petitioner was unaware of. The Court found that passing orders without providing opportunity for hearing violated fundamental procedural fairness. Orders were set aside and matter remanded to first respondent for fresh consideration with direction to ensure proper notice and hearing opportunity to petitioner. The ruling emphasizes mandatory compliance with natural justice principles in administrative proceedings, particularly regarding adequate notice and right to be heard.
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