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...
Threshold for allottee-initiated insolvency petitions in leasehold real estate upheld; petition admitted after possession letters deemed legally ineff...
Petitioner's entitlement to immunity under Section 270AA was the sole issue. The court found the petitioner had filed Form 68 seeking immunity and that s.270AA(3) imposes a mandatory duty on the Assessing Officer to grant immunity once statutory conditions are satisfied; an order declining immunity must disclose which condition(s) were unmet. The impugned order contained no reasons or application of mind and was therefore vitiated as a nullity; it was set aside and the AO directed to reconsider the Form 68 application and pass a reasoned order in accordance with law. - HC
Petitioner's entitlement to immunity under Section 270AA was the sole issue. The court found the petitioner had filed Form 68 seeking immunity and that s.270AA(3) imposes a mandatory duty on the Assessing Officer to grant immunity once statutory conditions are satisfied; an order declining immunity must disclose which condition(s) were unmet. The impugned order contained no reasons or application of mind and was therefore vitiated as a nullity; it was set aside and the AO directed to reconsider the Form 68 application and pass a reasoned order in accordance with law. - HC
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