Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Service...
Tax exemption for specified legal-services authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and...
The HC held that the Assessment Order issued under section 143(3) read with section 144B and the Demand Notice under section 156 were invalid due to violation of the principles of natural justice. The petitioner's specific request for a personal hearing via video conferencing was denied, resulting in a breach of the audi alteram partem rule. The court emphasized that a fair hearing necessitates an opportunity to be heard and a proper chance to defend the case, which was not afforded. Consequently, the impugned orders were quashed and set aside, ruling in favor of the assessee.
The HC held that the Assessment Order issued under section 143(3) read with section 144B and the Demand Notice under section 156 were invalid due to violation of the principles of natural justice. The petitioner's specific request for a personal hearing via video conferencing was denied, resulting in a breach of the audi alteram partem rule. The court emphasized that a fair hearing necessitates an opportunity to be heard and a proper chance to defend the case, which was not afforded. Consequently, the impugned orders were quashed and set aside, ruling in favor of the assessee.
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