Commercial vehicle depreciation, scientifically determined warranty provisions and exempt-income disallowances were resolved in favour of the taxpayer...
Inherited property sale proceeds require capital-gains treatment where ownership is supported by evidence, not suspicion or unverified signature doubt...
Cross-examination of retracted statements is essential where foundational evidence supports a benami allegation and documented funding explanations re...
Capital-goods exemption covers plant-modernisation accessories, while the import restriction applies only to earlier capital-goods components and spar...
The HC held that an order dismissing a rectification application under Section 161 of the TNGST Act, 2017, is an adverse decision but does not constitute rectification requiring adherence to natural justice principles. The third proviso to Section 161 applies only when a positive rectification is made that affects a person. If the rectification petition is dismissed without alteration of the original order, no rectification occurs, and thus, the principles of natural justice, including the right to a personal hearing, are not triggered. The Court affirmed that refusal to rectify is not equivalent to rectification under the statute. Consequently, there is no statutory obligation to grant a hearing before dismissing a rectification petition. The Single Judge's order dismissing the appeal was upheld.
The HC held that an order dismissing a rectification application under Section 161 of the TNGST Act, 2017, is an adverse decision but does not constitute rectification requiring adherence to natural justice principles. The third proviso to Section 161 applies only when a positive rectification is made that affects a person. If the rectification petition is dismissed without alteration of the original order, no rectification occurs, and thus, the principles of natural justice, including the right to a personal hearing, are not triggered. The Court affirmed that refusal to rectify is not equivalent to rectification under the statute. Consequently, there is no statutory obligation to grant a hearing before dismissing a rectification petition. The Single Judge's order dismissing the appeal was upheld.
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