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...
Primary issue was whether assets received under a scheme of demerger attracted deemed income u/s 56(2)(x) because the demerger allegedly violated Section 2(19AA) and the swap ratio/valuation contravened Rule 11UA. Tribunal held Section 2(19AA)(iv) mandates proportionate share allotment only, Rule 11UA cannot be read into Section 2(19AA), the registered valuer's computation was reasonable and the scheme complied with Section 2(19AA) read with Section 47(vi); consequence: addition u/s 56(2)(x) deleted. Separately, payment under an unregistered MOU was not a "specified agreement" attracting TDS u/s 194IC; consequence: no TDS liability. - ITAT
Primary issue was whether assets received under a scheme of demerger attracted deemed income u/s 56(2)(x) because the demerger allegedly violated Section 2(19AA) and the swap ratio/valuation contravened Rule 11UA. Tribunal held Section 2(19AA)(iv) mandates proportionate share allotment only, Rule 11UA cannot be read into Section 2(19AA), the registered valuer's computation was reasonable and the scheme complied with Section 2(19AA) read with Section 47(vi); consequence: addition u/s 56(2)(x) deleted. Separately, payment under an unregistered MOU was not a "specified agreement" attracting TDS u/s 194IC; consequence: no TDS liability. - ITAT
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