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 held that a show-cause notice issued to a decedent was void ab initio and that liability for tax of the financial year rested with the decedent's legal representatives under Section 93 of the Act, thereby attracting personal liability of the petitioner as a legal representative (daughter). The Court found that respondent authorities, had they been notified of the decedent's death, would have directed proceedings correctly against the legal representatives; proceeding against the deceased rendered the notice and consequent order nullities. The show-cause notice dated 28.05.2024 and the impugned order dated 29.08.2024 were set aside and quashed, and the petition was disposed of.
The HC held that a show-cause notice issued to a decedent was void ab initio and that liability for tax of the financial year rested with the decedent's legal representatives under Section 93 of the Act, thereby attracting personal liability of the petitioner as a legal representative (daughter). The Court found that respondent authorities, had they been notified of the decedent's death, would have directed proceedings correctly against the legal representatives; proceeding against the deceased rendered the notice and consequent order nullities. The show-cause notice dated 28.05.2024 and the impugned order dated 29.08.2024 were set aside and quashed, and the petition was disposed of.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4807
Join Channel
TaxTMI 
