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...
Gold jewellery forming stock-in-trade was seized and its release was sought in writ proceedings. Since stock-in-trade is not liable to seizure under the proviso to section 132(1)(iii) of the Income-tax Act, wrongful seizure could not justify continued retention or conditional release on furnishing a bank guarantee. On being prima facie satisfied that the petitioners had discharged the onus to prove the nature and source of the assets, the court held that release must be granted without insisting on any security, in terms of the first proviso to section 132B(1)(i) and the applicable Board instruction. - HC
Gold jewellery forming stock-in-trade was seized and its release was sought in writ proceedings. Since stock-in-trade is not liable to seizure under the proviso to section 132(1)(iii) of the Income-tax Act, wrongful seizure could not justify continued retention or conditional release on furnishing a bank guarantee. On being prima facie satisfied that the petitioners had discharged the onus to prove the nature and source of the assets, the court held that release must be granted without insisting on any security, in terms of the first proviso to section 132B(1)(i) and the applicable Board instruction. - HC
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