Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Deductibility of settlement payments for securities law penalties and treatment of unexplained cash credits in share trading -- Tribunal upholds posit...
Threshold for allottee-initiated insolvency petitions in leasehold real estate upheld; petition admitted after possession letters deemed legally ineff...
Contravention of foreign exchange rules in crossborder diamond payments; appellate tribunal reduces one appellant's penalty for delay and proportional...
The High Court held the writ petition maintainable despite the statutory appeal remedy because the challenge fell within recognised exceptions for breach of natural justice and statutory limits. It quashed the show cause notice and adjudication order after finding that the final demand travelled beyond the notice and imposed tax, interest and penalty on grounds not specified therein, contrary to the statutory restriction. The Court also held that the adjudicating authority failed to consider the petitioner's specific exemption plea under the notification and exemption provision, making the order unsustainable. The matter was remanded for fresh adjudication on merits after hearing the petitioner.
The High Court held the writ petition maintainable despite the statutory appeal remedy because the challenge fell within recognised exceptions for breach of natural justice and statutory limits. It quashed the show cause notice and adjudication order after finding that the final demand travelled beyond the notice and imposed tax, interest and penalty on grounds not specified therein, contrary to the statutory restriction. The Court also held that the adjudicating authority failed to consider the petitioner's specific exemption plea under the notification and exemption provision, making the order unsustainable. The matter was remanded for fresh adjudication on merits after hearing the petitioner.
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