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...
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Rejection of a tax refund claim as time-barred was held unsustainable because the record showed the claimant had filed an initial refund application on 09.05.2023 within the statutory period for January 2019 to March 2021, and also filed a further claim on 28.02.2024, the date the authority itself treated as the outer limit, yet neither filing was duly considered. The authority also failed to apply the Covid-19 limitation exclusion under Notification No. 13/2022, covering March 2020 to February 2022, which operated to extend limitation. The refund applications were held within time and the impugned order was set aside. - HC
Rejection of a tax refund claim as time-barred was held unsustainable because the record showed the claimant had filed an initial refund application on 09.05.2023 within the statutory period for January 2019 to March 2021, and also filed a further claim on 28.02.2024, the date the authority itself treated as the outer limit, yet neither filing was duly considered. The authority also failed to apply the Covid-19 limitation exclusion under Notification No. 13/2022, covering March 2020 to February 2022, which operated to extend limitation. The refund applications were held within time and the impugned order was set aside. - HC
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