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...
HC held that rectification withdrawing the claimed exemption and converting a refund into demand was procedurally invalid because no prior notice or hearing was given under the proviso to Section 154(3), and the refund was adjusted without prior intimation under Section 245, breaching natural justice. The Court therefore interfered on procedural grounds and left the merits of the exemption claim open. It also treated the matter as a high-pitched assessment case: since the assessee's appeal was pending with written submissions already on record, recovery was directed to remain stayed until final disposal of the appeal, and the appellate authority was directed to decide the appeal expeditiously by a reasoned order after hearing the assessee.
HC held that rectification withdrawing the claimed exemption and converting a refund into demand was procedurally invalid because no prior notice or hearing was given under the proviso to Section 154(3), and the refund was adjusted without prior intimation under Section 245, breaching natural justice. The Court therefore interfered on procedural grounds and left the merits of the exemption claim open. It also treated the matter as a high-pitched assessment case: since the assessee's appeal was pending with written submissions already on record, recovery was directed to remain stayed until final disposal of the appeal, and the appellate authority was directed to decide the appeal expeditiously by a reasoned order after hearing the assessee.
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