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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The High Court set aside the impugned assessment order because the authority had not considered the petitioner's reply and supporting documents filed in response to the show cause notice. It held that the objections and material had to be examined afresh, and that the competent authority must pass a speaking and reasoned order in accordance with law. The matter was therefore remitted for fresh consideration on the admitted procedural footing that the earlier order was made without addressing the petitioner's submissions and evidence.
The High Court set aside the impugned assessment order because the authority had not considered the petitioner's reply and supporting documents filed in response to the show cause notice. It held that the objections and material had to be examined afresh, and that the competent authority must pass a speaking and reasoned order in accordance with law. The matter was therefore remitted for fresh consideration on the admitted procedural footing that the earlier order was made without addressing the petitioner's submissions and evidence.
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