Co-operative society's mandatory reserve and share capital fixed deposits with banks-interest treated as business income under 80P(2)(a)(iii) deductio...
Income tax reassessment reopening after four years on investigation tip, without s.147 proviso disclosure failure, struck down as borrowed satisfactio...
High Court held that a mandatory three-month gap between issuance of a CGST show cause notice and passing of the adjudication order is required to secure principles of natural justice and the right to personal hearing; shortening that interval undermines service of the statement of demand, the assessee's self-assessment option and ability to obtain adjournments, and therefore renders orders passed within a shorter period unsustainable. Applying that principle, the court quashed and set aside the show cause notice issued on 15-5-2024 and the adjudication order dated 9-7-2024 as the gap was under three months.
High Court held that a mandatory three-month gap between issuance of a CGST show cause notice and passing of the adjudication order is required to secure principles of natural justice and the right to personal hearing; shortening that interval undermines service of the statement of demand, the assessee's self-assessment option and ability to obtain adjournments, and therefore renders orders passed within a shorter period unsustainable. Applying that principle, the court quashed and set aside the show cause notice issued on 15-5-2024 and the adjudication order dated 9-7-2024 as the gap was under three months.
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