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...
In a challenge to an order alleging fraudulent availment of ITC passed without personal hearing, the Court held that such disputes typically involve complex fact and evidence, making writ intervention inappropriate where an efficacious statutory appeal exists; accordingly, it declined to set aside the order on writ merits. Given that the order was received long before the writ was filed and the appeal period had lapsed, the Court nonetheless protected the right to appeal by directing that if an appeal is filed with the requisite pre-deposit by the specified date, it shall not be rejected as time-barred and must be decided on merits; the writ was disposed of. - HC
In a challenge to an order alleging fraudulent availment of ITC passed without personal hearing, the Court held that such disputes typically involve complex fact and evidence, making writ intervention inappropriate where an efficacious statutory appeal exists; accordingly, it declined to set aside the order on writ merits. Given that the order was received long before the writ was filed and the appeal period had lapsed, the Court nonetheless protected the right to appeal by directing that if an appeal is filed with the requisite pre-deposit by the specified date, it shall not be rejected as time-barred and must be decided on merits; the writ was disposed of. - HC
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