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 set aside the impugned order and remanded the matter back to the Adjudicating Authority due to procedural irregularities in serving the Show Cause Notice (SCN). The SCN was uploaded in the 'Additional Notices Tab' prior to 16th January 2024, which was not readily visible to the Petitioner, thus violating principles of natural justice. The Court found that the Petitioner was not provided a proper opportunity to be heard, and consequently, directed the matter to be reconsidered by the original authority, ensuring procedural fairness and adherence to due process.
HC set aside the impugned order and remanded the matter back to the Adjudicating Authority due to procedural irregularities in serving the Show Cause Notice (SCN). The SCN was uploaded in the 'Additional Notices Tab' prior to 16th January 2024, which was not readily visible to the Petitioner, thus violating principles of natural justice. The Court found that the Petitioner was not provided a proper opportunity to be heard, and consequently, directed the matter to be reconsidered by the original authority, ensuring procedural fairness and adherence to due process.
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