Input tax credit conditions remain constitutionally valid, with eligible recipient claims considered under GST circulars and retrospective filing dead...
Bogus donation receipts justified commission income assessment and defeated political-party tax exemption for inaccurate accounts and reporting failur...
Pure reimbursement without income element escapes tax withholding, while delayed withholding and unsupported provisions face deferred or renewed scrut...
Public benefit requirement defeats charitable registration where residents' association services are reciprocal, member-only facilities governed by mu...
Exempt-income expenditure disallowance is confined to investments that actually generated exempt income, while supported business expenses remain dedu...
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The HC held that the final assessment order passed under section 144B is invalid due to non-service of the mandatory Show Cause Notice proposing variation to the returned income. The Respondents admitted the Show Cause Notice was sent to an incorrect email ID not provided by the Petitioner, resulting in failure of proper service. Consequently, the impugned assessment order dated 10.03.2024 was quashed and set aside. The matter was remanded to the NFAC at the stage of issuing the Show Cause Notice, directing the Respondents to provide the Petitioner with a proper link to upload his response. The Petitioner is entitled to file a response and be granted a personal hearing before the final assessment order is passed in compliance with section 144B within 12 weeks. The final order must be reasoned and address all submissions of the Petitioner. The writ petition was disposed accordingly.
The HC held that the final assessment order passed under section 144B is invalid due to non-service of the mandatory Show Cause Notice proposing variation to the returned income. The Respondents admitted the Show Cause Notice was sent to an incorrect email ID not provided by the Petitioner, resulting in failure of proper service. Consequently, the impugned assessment order dated 10.03.2024 was quashed and set aside. The matter was remanded to the NFAC at the stage of issuing the Show Cause Notice, directing the Respondents to provide the Petitioner with a proper link to upload his response. The Petitioner is entitled to file a response and be granted a personal hearing before the final assessment order is passed in compliance with section 144B within 12 weeks. The final order must be reasoned and address all submissions of the Petitioner. The writ petition was disposed accordingly.
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