Business reorganisation requires recognition of successor's modified return; draft orders against dissolved transferor quashed and fresh review direct...
Pre-commencement R&D deduction denied where business had not commenced; deeming benefit requires tangible start of manufacture or commercial exploitat...
Priority of set-off: brought forward business losses must be adjusted before unabsorbed depreciation; procedural safeguards required for invoking rest...
Validity of an ICDS adjustment was challenged on the basis that the intimation under the income tax intimation procedure was issued without giving the assessee prior written or electronic notice and without considering the assessees response. The court found that the first and second provisos require notice of a proposed adjustment and consideration of any reply before making adjustments; absence of such notice and opportunity to be heard violated the principles of natural justice. Consequently the ICDS adjustment in the intimation was quashed.
Validity of an ICDS adjustment was challenged on the basis that the intimation under the income tax intimation procedure was issued without giving the assessee prior written or electronic notice and without considering the assessees response. The court found that the first and second provisos require notice of a proposed adjustment and consideration of any reply before making adjustments; absence of such notice and opportunity to be heard violated the principles of natural justice. Consequently the ICDS adjustment in the intimation was quashed.
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