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...
The dominant issue was whether, after DRP directions, the AO could complete proceedings to give effect to those directions beyond the mandatory time limit under s.144C(13), on the plea that remand proceedings are exempt from the statutory timeline. The court held that s.144C(13) imposes a binding and strict time frame, and where the statute prescribes a manner and timeline, it must be complied with; permitting completion beyond limitation would negate the mandatory provision. Consequently, the pending proceedings to implement the transfer pricing addition were held time-barred, the adjustment was treated as non est, and the total income for AY 2012-13 was directed to be recomputed excluding it - HC
The dominant issue was whether, after DRP directions, the AO could complete proceedings to give effect to those directions beyond the mandatory time limit under s.144C(13), on the plea that remand proceedings are exempt from the statutory timeline. The court held that s.144C(13) imposes a binding and strict time frame, and where the statute prescribes a manner and timeline, it must be complied with; permitting completion beyond limitation would negate the mandatory provision. Consequently, the pending proceedings to implement the transfer pricing addition were held time-barred, the adjustment was treated as non est, and the total income for AY 2012-13 was directed to be recomputed excluding it - HC
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