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...
The dominant issue was whether recovery of outstanding tax demand should be stayed under s. 220(6) while the assessee's stay application remained pending. The court held that no mandatory stay could be directed because the assessee's appeal before the ITAT had not yet been restored and the assessee had itself proposed payment of the demand in installments, undermining the basis for compelling a stay; accordingly, stay was refused. The Revenue was directed to decide the assessee's pending stay application under s. 156 expeditiously, preferably within four weeks, without treating the order as any mandate to grant stay. - HC
The dominant issue was whether recovery of outstanding tax demand should be stayed under s. 220(6) while the assessee's stay application remained pending. The court held that no mandatory stay could be directed because the assessee's appeal before the ITAT had not yet been restored and the assessee had itself proposed payment of the demand in installments, undermining the basis for compelling a stay; accordingly, stay was refused. The Revenue was directed to decide the assessee's pending stay application under s. 156 expeditiously, preferably within four weeks, without treating the order as any mandate to grant stay. - HC
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