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...
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The dominant issue was whether a penalty order under s.271(1)(c) could be validly passed during pendency of the quantum appeal, and within the limitation framework of s.275. Relying on binding precedent, the Court held that such penalty orders are premature, illegal, and without jurisdiction because the authority must keep penalty proceedings in abeyance until the appellate forum disposes of the appeal, upon which jurisdiction to impose penalty would arise. The Court also held that the Finance Act, 2025 amendment to s.275 applies prospectively to pending matters from 1 April 2025 but does not revive limitation already expired by 31 March 2025. The impugned penalty order was quashed. - HC
The dominant issue was whether a penalty order under s.271(1)(c) could be validly passed during pendency of the quantum appeal, and within the limitation framework of s.275. Relying on binding precedent, the Court held that such penalty orders are premature, illegal, and without jurisdiction because the authority must keep penalty proceedings in abeyance until the appellate forum disposes of the appeal, upon which jurisdiction to impose penalty would arise. The Court also held that the Finance Act, 2025 amendment to s.275 applies prospectively to pending matters from 1 April 2025 but does not revive limitation already expired by 31 March 2025. The impugned penalty order was quashed. - HC
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