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...
HC set aside the impugned appellate rejection and allowed the petition by way of remand. The appellate order had dismissed the Appeal for non-compliance with the mandatory 10% pre-deposit requirement based on an alleged shortfall (required ~Rs.12,76,000; deposited Rs.8.62 lakhs) without prior notice or an opportunity to remedy the deficit, thereby infringing principles of natural justice. Although the Petitioner received a hearing on the merits, the authority failed to notify the Petitioner of the procedural shortfall or afford a reasonable chance to make good the deposit. The matter is remitted to the Appellate Authority for fresh consideration after giving the Petitioner notice and an opportunity to cure any shortfall.
HC set aside the impugned appellate rejection and allowed the petition by way of remand. The appellate order had dismissed the Appeal for non-compliance with the mandatory 10% pre-deposit requirement based on an alleged shortfall (required ~Rs.12,76,000; deposited Rs.8.62 lakhs) without prior notice or an opportunity to remedy the deficit, thereby infringing principles of natural justice. Although the Petitioner received a hearing on the merits, the authority failed to notify the Petitioner of the procedural shortfall or afford a reasonable chance to make good the deposit. The matter is remitted to the Appellate Authority for fresh consideration after giving the Petitioner notice and an opportunity to cure any shortfall.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4807
Join Channel
TaxTMI 
