Reassessment under s.148A held valid; s.69 additions totaling Rs.7,00,000 deleted after acceptable contemporaneous explanations for property investmen...
Adjudication set aside; Rule 9 valuation based on internet engineer report quashed for Rule 3(4) non-compliance; Section 138B cross-examination requir...
The HC dismissed the petition and upheld the Respondent's refusal to effect mutation, holding the refusal lawful, reasonable and within the statutory scheme. The court ruled that municipal property tax creates a statutory charge on the asset which the authority may enforce through its statutory mechanism; such dues are not displaced by insolvency proceedings. An auction purchaser may be saddled with pre-sale statutory liabilities if the purchaser was or ought to have been put on notice; where the sale notice and EOI required bidders to conduct due diligence, the successful auction purchaser is liable for outstanding property tax as an encumbrance. The challenge to the corporation's denial of mutation was therefore rejected.
The HC dismissed the petition and upheld the Respondent's refusal to effect mutation, holding the refusal lawful, reasonable and within the statutory scheme. The court ruled that municipal property tax creates a statutory charge on the asset which the authority may enforce through its statutory mechanism; such dues are not displaced by insolvency proceedings. An auction purchaser may be saddled with pre-sale statutory liabilities if the purchaser was or ought to have been put on notice; where the sale notice and EOI required bidders to conduct due diligence, the successful auction purchaser is liable for outstanding property tax as an encumbrance. The challenge to the corporation's denial of mutation was therefore rejected.
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