Condonation of Delay: directoral disputes and pending company proceedings can constitute reasonable cause, allowing a belated return to be treated as ...
Revisionary jurisdiction under section 263 upheld; faceless assessments subject to revision when AO fails requisite enquiries, remitted for fresh asse...
Limited scope of processing under section 143(1): enhancement without show cause is unsustainable; remand for residency, taxation and TDS verification...
FEMA bars civil court adjudication where the dispute concerns alleged contravention, because the statutory scheme of adjudication, penalty, confiscation and appeal is a complete code for that issue. A sale deed challenged solely as void for violating FEMA could not be declared null and void by a civil court, especially where the FEMA authorities had already found contravention and imposed only penalty without confiscation. FEMA contravention does not, by itself, make the transfer void under the Contract Act or the Transfer of Property Act. The decree for partition was sustained only for the admitted ancestral Schedule 'A' property, while the relief relating to Schedule 'B' property was set aside.
FEMA bars civil court adjudication where the dispute concerns alleged contravention, because the statutory scheme of adjudication, penalty, confiscation and appeal is a complete code for that issue. A sale deed challenged solely as void for violating FEMA could not be declared null and void by a civil court, especially where the FEMA authorities had already found contravention and imposed only penalty without confiscation. FEMA contravention does not, by itself, make the transfer void under the Contract Act or the Transfer of Property Act. The decree for partition was sustained only for the admitted ancestral Schedule 'A' property, while the relief relating to Schedule 'B' property was set aside.
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