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...
Writ petitions challenging seizure memos and laboratory test reports were held not maintainable for lack of territorial jurisdiction. Applying the Full Bench test that, beyond a formal cause of action, the court must consider forum conveniens under Article 226, it was held that mere presence of the investigating agency's headquarters or the testing laboratory in Delhi does not confer jurisdiction when the imports, storage, sampling, service of seizure memos, and the petitioners' location are all in Tamil Nadu; testing in Delhi was only incidental and could have occurred elsewhere. The petitions were dismissed with liberty to pursue remedies before the appropriate forum. - HC
Writ petitions challenging seizure memos and laboratory test reports were held not maintainable for lack of territorial jurisdiction. Applying the Full Bench test that, beyond a formal cause of action, the court must consider forum conveniens under Article 226, it was held that mere presence of the investigating agency's headquarters or the testing laboratory in Delhi does not confer jurisdiction when the imports, storage, sampling, service of seizure memos, and the petitioners' location are all in Tamil Nadu; testing in Delhi was only incidental and could have occurred elsewhere. The petitions were dismissed with liberty to pursue remedies before the appropriate forum. - HC
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4824 
Join Channel 
