Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Service...
Tax exemption for specified legal-services authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and...
The HC set aside the reassessment and ancillary demand and penalty notices, holding the reopening under s.147 and completion under s.148 vitiated for want of valid service: the statutory notice under s.142 was not served at the assessee's registered e-mail as mandated by s.282 but sent to an inoperative address, breaching natural justice and established legitimate expectation arising from prior practice and an updated registration transaction. The Court reiterated that issuance and service of notice under s.148 are jurisdictional prerequisites, requiring compliance with s.282 read with procedural rules; the Revenue failed to discharge the onus of proving proper service, rendering the reassessment proceedings a nullity in favour of the assessee.
The HC set aside the reassessment and ancillary demand and penalty notices, holding the reopening under s.147 and completion under s.148 vitiated for want of valid service: the statutory notice under s.142 was not served at the assessee's registered e-mail as mandated by s.282 but sent to an inoperative address, breaching natural justice and established legitimate expectation arising from prior practice and an updated registration transaction. The Court reiterated that issuance and service of notice under s.148 are jurisdictional prerequisites, requiring compliance with s.282 read with procedural rules; the Revenue failed to discharge the onus of proving proper service, rendering the reassessment proceedings a nullity in favour of the assessee.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4803
Join Channel
TaxTMI 
