Deemed income u/s 56(2)(x) - Defective Show cause notice - ...

Court Invalidates Tax Notice for Lack of Clarity on Deemed Income and Investment, Ensures Fair Response Opportunity.

April 24, 2024

Case Laws Income Tax HC

Deemed income u/s 56(2)(x) - Defective Show cause notice - Addition of Unexplained investment u/s 69 - charged to tax u/s 115BBE - The High Court found that the show cause notice issued to the petitioner was defective as it did not specify whether the stamp duty value was proposed to be treated under Section 56(2)(x)(a) or Section 56(2)(x)(b) of the Act. This lack of specificity deprived the petitioner of a reasonable opportunity to respond effectively. Additionally, the assessment order failed to mention Section 56(2)(x) of the Act in its operative part, indicating a deviation from the grounds stated in the show cause notice. The court emphasized that the issuance of a show cause notice is not an empty formality and serves the purpose of providing a fair opportunity to the affected party.

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Deemed income u/s 56(2)(x) - Defective Show cause notice - ...

Court Invalidates Tax Notice for Lack of Clarity on Deemed Income and Investment, Ensures Fair Response Opportunity.

April 24, 2024

Case Laws Income Tax HC

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