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...
Sanction for prosecution for delayed remittance of TDS was challenged on the ground that the authority failed to consider the assessees' detailed replies and supporting documents showing subsequent payment of TDS with penal interest and explaining the delay. The Court held that the impugned sanction order reflected non-application of mind because the explanation and materials were not evaluated in their proper perspective, and a further opportunity to file additional documents was warranted to ensure a justice-oriented decision. The sanction order was set aside and the matter remanded for fresh reconsideration in accordance with law. - HC
Sanction for prosecution for delayed remittance of TDS was challenged on the ground that the authority failed to consider the assessees' detailed replies and supporting documents showing subsequent payment of TDS with penal interest and explaining the delay. The Court held that the impugned sanction order reflected non-application of mind because the explanation and materials were not evaluated in their proper perspective, and a further opportunity to file additional documents was warranted to ensure a justice-oriented decision. The sanction order was set aside and the matter remanded for fresh reconsideration in accordance with law. - HC
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