Capital-gains exemption for charitable trusts extends to qualifying fixed deposits, while unrecoverable TDS write-offs may constitute income applicati...
India-UK treaty characterisation of telecom-service receipts as business profits withstands unilateral domestic-law amendments for Indian tax purposes...
Transfer-pricing reimbursement adjustments require uncontrolled comparables and cannot become expense-genuineness reviews, resulting in deletion of th...
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The HC held that the impugned adjudicative order violated the principles of natural justice, specifically audi alteram partem, because the officer who conducted the personal hearing did not render the decision; a successor officer decided the matter without affording a fresh hearing. Reliance on administrative guidance requiring prompt issuance of orders following personal hearings reinforced that divided responsibility between hearing and decision-making undermines fairness. Consequently, the HC quashed the impugned order as vitiated for denial of a fair hearing and allowed the petition, directing that any fresh decision be taken by the officer who affords the hearing or, if by a successor, only after providing the petitioner a fresh opportunity of personal hearing.
The HC held that the impugned adjudicative order violated the principles of natural justice, specifically audi alteram partem, because the officer who conducted the personal hearing did not render the decision; a successor officer decided the matter without affording a fresh hearing. Reliance on administrative guidance requiring prompt issuance of orders following personal hearings reinforced that divided responsibility between hearing and decision-making undermines fairness. Consequently, the HC quashed the impugned order as vitiated for denial of a fair hearing and allowed the petition, directing that any fresh decision be taken by the officer who affords the hearing or, if by a successor, only after providing the petitioner a fresh opportunity of personal hearing.
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