Permanent Establishment and Business Connection: foreign consultancy receipts not attributable where no fixed base or corporate veil piercing establis...
Limitation period commencement and procedural inquiry rules: identity-based limitation upheld; complaints by authorised public servants need not attra...
Assessment and recovery proceedings were held invalid because service of notice was not proved and the assessee was denied an effective opportunity of hearing, amounting to breach of natural justice. The Court found that the postal notice was returned unserved and the alleged e-mail did not establish effective service, so no notice was served before or after the assessment order. The impugned assessment order and consequential recovery proceedings were therefore quashed, and the matter was remanded to the assessing authority for fresh assessment after due notice and opportunity to respond, with exclusion of the intervening period for limitation.
Assessment and recovery proceedings were held invalid because service of notice was not proved and the assessee was denied an effective opportunity of hearing, amounting to breach of natural justice. The Court found that the postal notice was returned unserved and the alleged e-mail did not establish effective service, so no notice was served before or after the assessment order. The impugned assessment order and consequential recovery proceedings were therefore quashed, and the matter was remanded to the assessing authority for fresh assessment after due notice and opportunity to respond, with exclusion of the intervening period for limitation.
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