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 ...
For proceedings after an assessee's death, the governing expression is legal representative, not legal heir, and it extends beyond succession-law heirs to persons representing or intermeddling with the estate. On that basis, service of notice on the petitioner in his declared representative capacity was valid, and he could not later challenge it merely because he was not a Class I heir. However, where reassessment was initiated by invoking the extended limitation period, sanction had to be obtained from the authority specified under Section 151(ii). Approval granted by the Principal Commissioner instead of the Principal Chief Commissioner did not satisfy the statutory requirement, so the reassessment notice was quashed for want of competent approval.
For proceedings after an assessee's death, the governing expression is legal representative, not legal heir, and it extends beyond succession-law heirs to persons representing or intermeddling with the estate. On that basis, service of notice on the petitioner in his declared representative capacity was valid, and he could not later challenge it merely because he was not a Class I heir. However, where reassessment was initiated by invoking the extended limitation period, sanction had to be obtained from the authority specified under Section 151(ii). Approval granted by the Principal Commissioner instead of the Principal Chief Commissioner did not satisfy the statutory requirement, so the reassessment notice was quashed for want of competent approval.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4805
Join Channel
TaxTMI 
