Development agreements require legal possession or effective enjoyment for capital gains transfer; permissive possession and deferred consideration de...
Prolonged sterilisation of development rights supports capital-gains treatment, while business-income disallowances cannot govern capital-gains comput...
Additional evidence in transfer pricing dispute leads to fresh examination, while tax deductions, TDS credit, fee and refund interest require verifica...
Category II AIF pass-through taxation preserves non-business income character; investment receipts cannot be reclassified without applying recognised ...
Mutual fund maturity rules require proper rollover, redemption, disclosure, and due diligence; investor gains cannot excuse regulatory breaches or pen...
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An ex parte assessment was challenged on the ground that it was passed without a reply to the show cause notice. The HC noted that, in light of the earlier decision in Ms. Kandan Hardware Mart, the petitioner had no case on liability to pay late fee. As the petitioner consented to deposit 25% of the disputed tax and the entire late fee, and to file a reply with supporting documents, the Court accepted that course, treated the assessment order as an addendum to the show cause notice, and remitted the matter for fresh consideration on merits. If the deposits are not made within the time fixed, recovery may proceed in accordance with law.
An ex parte assessment was challenged on the ground that it was passed without a reply to the show cause notice. The HC noted that, in light of the earlier decision in Ms. Kandan Hardware Mart, the petitioner had no case on liability to pay late fee. As the petitioner consented to deposit 25% of the disputed tax and the entire late fee, and to file a reply with supporting documents, the Court accepted that course, treated the assessment order as an addendum to the show cause notice, and remitted the matter for fresh consideration on merits. If the deposits are not made within the time fixed, recovery may proceed in accordance with law.
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