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...
Reassessment was initiated by issuing a notice under section 148 in the name of a deceased assessee and, despite being informed of the death, the tax authorities continued the reassessment without substituting or issuing notice to the legal representatives as required by law. Since reassessment proceedings cannot validly proceed against a dead person, both the reopening notice and the consequential reassessment order were set aside. The authorities were permitted to reinitiate reassessment in accordance with law by issuing a fresh section 148 notice after complying with statutory formalities to the legal representatives, who were directed to disclose details of other legal representatives upon requisition. - HC
Reassessment was initiated by issuing a notice under section 148 in the name of a deceased assessee and, despite being informed of the death, the tax authorities continued the reassessment without substituting or issuing notice to the legal representatives as required by law. Since reassessment proceedings cannot validly proceed against a dead person, both the reopening notice and the consequential reassessment order were set aside. The authorities were permitted to reinitiate reassessment in accordance with law by issuing a fresh section 148 notice after complying with statutory formalities to the legal representatives, who were directed to disclose details of other legal representatives upon requisition. - HC
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