Separate speaking orders on reopening objections are mandatory; deciding them within reassessment invalidates jurisdiction and precludes revival of st...
Compulsorily convertible debentures remain debt before conversion, preventing transfer-pricing and interest-deduction disallowances on the stated fact...
Stock-in-trade transfer taxability follows possession and consideration, not later conveyance registration, limiting deemed-value provisions to the ac...
Statutory demand notice sent by registered post to the drawer's correct address is deemed served under a rebuttable presumption, even if received by the drawer's mother; giving notice does not require the drawer's personal receipt. The drawer must rebut service by proving an incorrect address, non-delivery at that address, or lack of knowledge. Where the address was undisputed and used for summons and proceedings, the presumption remained unrebutted, the notice requirement was met, and the conviction was restored. A coordinate-Bench ruling treating receipt by a spouse as invalid service was per incuriam for disregarding binding larger-Bench authority and lacked binding force under Article 141.
Statutory demand notice sent by registered post to the drawer's correct address is deemed served under a rebuttable presumption, even if received by the drawer's mother; giving notice does not require the drawer's personal receipt. The drawer must rebut service by proving an incorrect address, non-delivery at that address, or lack of knowledge. Where the address was undisputed and used for summons and proceedings, the presumption remained unrebutted, the notice requirement was met, and the conviction was restored. A coordinate-Bench ruling treating receipt by a spouse as invalid service was per incuriam for disregarding binding larger-Bench authority and lacked binding force under Article 141.
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