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...
Dominant issue 1: genuineness of transportation expenses - tribunal found the asserted MOU predating the assessee's incorporation was inconsistent and unexplained, and absence of reference to prior transportation in the subcontract reinforced revenue's conclusion that the MOU was fabricated; consequence: transportation claim of Rs.41,48,000 disallowed. Dominant issue 2: liability for deductions labeled "labour cess" and copy charges - under Clause 11 of the subcontract the authority's statutory deductions were payable by the sub-contractor (party of the second part), not the assessee; consequence: the assessee's claim for those subcontract expenses was disallowed. - ITAT
Dominant issue 1: genuineness of transportation expenses - tribunal found the asserted MOU predating the assessee's incorporation was inconsistent and unexplained, and absence of reference to prior transportation in the subcontract reinforced revenue's conclusion that the MOU was fabricated; consequence: transportation claim of Rs.41,48,000 disallowed. Dominant issue 2: liability for deductions labeled "labour cess" and copy charges - under Clause 11 of the subcontract the authority's statutory deductions were payable by the sub-contractor (party of the second part), not the assessee; consequence: the assessee's claim for those subcontract expenses was disallowed. - ITAT
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