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...
Arrears of the employer's contribution to an approved superannuation fund, though taxable as a perquisite, formed part of salary for relief on income received in arrears. The Tribunal held that relief for salary received in arrears extends to arrears of perquisites included in salary, and that Rule 21A and Form 10E apply to such claims under Rule 21A(1)(a) read with Rule 21A(2), not the residuary provision. An internal circular treating the amount as a perquisite could not override the Act. The assessee was therefore entitled to relief and the claim had to be allowed.
Arrears of the employer's contribution to an approved superannuation fund, though taxable as a perquisite, formed part of salary for relief on income received in arrears. The Tribunal held that relief for salary received in arrears extends to arrears of perquisites included in salary, and that Rule 21A and Form 10E apply to such claims under Rule 21A(1)(a) read with Rule 21A(2), not the residuary provision. An internal circular treating the amount as a perquisite could not override the Act. The assessee was therefore entitled to relief and the claim had to be allowed.
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