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...
Whether distinct NP rates applied to separate businesses: AO applied a uniform 8% NP rate to both iron-scrap and livestock sales without any intelligible differentia; books of account contained no pointed defects. Tribunal accepted CIT(A)'s reliance on comparable assessments showing NP rates of 0.15-0.23% for livestock turnover and held that differential cost structures warrant a lower NP rate for animal sales; consequently the 0.22% NP rate was applied to livestock/animal sales and the AO's uniform 8% determination was set aside - ITAT
Whether distinct NP rates applied to separate businesses: AO applied a uniform 8% NP rate to both iron-scrap and livestock sales without any intelligible differentia; books of account contained no pointed defects. Tribunal accepted CIT(A)'s reliance on comparable assessments showing NP rates of 0.15-0.23% for livestock turnover and held that differential cost structures warrant a lower NP rate for animal sales; consequently the 0.22% NP rate was applied to livestock/animal sales and the AO's uniform 8% determination was set aside - ITAT
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