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...
Addition based on undisclosed income allegedly admitted during survey u/s 133A was deleted because the Revenue produced no substantive corroborative evidence, and a survey statement, particularly when promptly retracted and alleged to be obtained under coercion, lacks evidentiary value; reliance was placed on binding precedent holding that no addition can rest solely on such statement, supported by CBDT instructions to rely on material evidence, resulting in dismissal of the Revenue's ground. Disallowance u/s 40A(3) was upheld only to the extent sustained by the first appellate authority since detailed expense-wise verification showed certain payments were made through account payee cheque and the appellate findings disclosed no infirmity, leading to rejection of the Revenue's challenge. - ITAT
Addition based on undisclosed income allegedly admitted during survey u/s 133A was deleted because the Revenue produced no substantive corroborative evidence, and a survey statement, particularly when promptly retracted and alleged to be obtained under coercion, lacks evidentiary value; reliance was placed on binding precedent holding that no addition can rest solely on such statement, supported by CBDT instructions to rely on material evidence, resulting in dismissal of the Revenue's ground. Disallowance u/s 40A(3) was upheld only to the extent sustained by the first appellate authority since detailed expense-wise verification showed certain payments were made through account payee cheque and the appellate findings disclosed no infirmity, leading to rejection of the Revenue's challenge. - ITAT
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