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...
Adjustment under s.143(1)(a) reducing depreciation on goods carriage vehicles from 30% to 15% was invalid because only arithmetical errors or incorrect claims apparent from the return can be adjusted, whereas the applicable depreciation rate is a debatable matter requiring examination beyond the limited, mechanical scope of processing. On merits, higher depreciation at 30% was allowable for goods carriage vehicles run on hire, including vehicles used in the assessee's transportation business for carrying goods on hire, consistent with settled law. Consequently, the disallowance/addition made while processing the return was directed to be deleted and the appeal was allowed. - ITAT
Adjustment under s.143(1)(a) reducing depreciation on goods carriage vehicles from 30% to 15% was invalid because only arithmetical errors or incorrect claims apparent from the return can be adjusted, whereas the applicable depreciation rate is a debatable matter requiring examination beyond the limited, mechanical scope of processing. On merits, higher depreciation at 30% was allowable for goods carriage vehicles run on hire, including vehicles used in the assessee's transportation business for carrying goods on hire, consistent with settled law. Consequently, the disallowance/addition made while processing the return was directed to be deleted and the appeal was allowed. - ITAT
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