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...
Addition for alleged unexplained cash receipts based solely on an excel sheet/ledger seized from a third party and a statement recorded from that third party was held unsustainable because the assessee was not furnished the relied-upon seized material or statement and was denied an effective opportunity to cross-examine the witness, constituting a breach of natural justice. In the absence of any direct or corroborative evidence linking the assessee to the alleged receipts, the material was treated as merely circumstantial and insufficient to support the addition. The impugned addition was deleted and the appeal was allowed - ITAT
Addition for alleged unexplained cash receipts based solely on an excel sheet/ledger seized from a third party and a statement recorded from that third party was held unsustainable because the assessee was not furnished the relied-upon seized material or statement and was denied an effective opportunity to cross-examine the witness, constituting a breach of natural justice. In the absence of any direct or corroborative evidence linking the assessee to the alleged receipts, the material was treated as merely circumstantial and insufficient to support the addition. The impugned addition was deleted and the appeal was allowed - ITAT
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