Dependent Agent PE unresolved for lack of factual inquiry; arm's-length distribution accepted; royalty claim rejected; 15% refund interest (Section 24...
Exemption under s.10(23C)(iiiad) upheld; appeal allowed, interest and dividends excluded from annual receipts, disallowance deleted, capital gains exe...
The HC held that the notice issued under Section 148A(b) and the consequential order were invalid because the petitioner was not afforded the statutory time to file a reply and was not heard prior to adjudication, thereby breaching the audi alteram partem principle and the concomitant rule against bias. The court found the statutory mandate of Section 148A(b) was not complied with, rendering the proceedings procedurally vitiated. Consequently, the impugned order passed under Section 148A(b) and the notice issued under Section 148 were quashed and set aside, and the matter remitted for reconsideration in accordance with statutory timelines and with an opportunity for the petitioner to be heard.
The HC held that the notice issued under Section 148A(b) and the consequential order were invalid because the petitioner was not afforded the statutory time to file a reply and was not heard prior to adjudication, thereby breaching the audi alteram partem principle and the concomitant rule against bias. The court found the statutory mandate of Section 148A(b) was not complied with, rendering the proceedings procedurally vitiated. Consequently, the impugned order passed under Section 148A(b) and the notice issued under Section 148 were quashed and set aside, and the matter remitted for reconsideration in accordance with statutory timelines and with an opportunity for the petitioner to be heard.
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