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 HC set aside the impugned order dated 19.12.2023, finding violations of natural justice principles and statutory requirements. The court held that the Proper Officer failed to issue a valid show cause notice under Section 73, as the summary in GST DRC-01 cannot substitute for a proper SCN. The determination of tax and attached order were deemed invalid due to lack of proper authentication by the Proper Officer, creating a regulatory gap requiring digital or e-signature authentication under Rule 26(3). The court found the order contravened Section 75(4) by denying reasonable opportunity of hearing, as the DRC-01 summary left hearing date fields blank and failed to provide personal hearing opportunity despite no reply submission. The petition was allowed.
The HC set aside the impugned order dated 19.12.2023, finding violations of natural justice principles and statutory requirements. The court held that the Proper Officer failed to issue a valid show cause notice under Section 73, as the summary in GST DRC-01 cannot substitute for a proper SCN. The determination of tax and attached order were deemed invalid due to lack of proper authentication by the Proper Officer, creating a regulatory gap requiring digital or e-signature authentication under Rule 26(3). The court found the order contravened Section 75(4) by denying reasonable opportunity of hearing, as the DRC-01 summary left hearing date fields blank and failed to provide personal hearing opportunity despite no reply submission. The petition was allowed.
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