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...
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Whether purchases were bogus and income could be estimated: The Tribunal found that purchase and sale transactions occurred under excise supervision, permits supported sales, detailed procurement and production records were maintained, and AO relied only on loose papers/Tally from an ex-employee without confronting suppliers or independent corroboration; legal basis-additions cannot rest on presumption/conjecture and on uncorroborated third-party material. Outcome: additions for alleged bogus purchases deleted. Whether unexplained expenditure u/s 69C and witness evidence sustained: absence of opportunity to cross-examine and reliance on tamperable third-party data meant additions were invalid; outcome: deleted. Whether gross-profit addition from a dubious trial balance: TB was unreliable/dumb document; outcome: deletion. - ITAT
Whether purchases were bogus and income could be estimated: The Tribunal found that purchase and sale transactions occurred under excise supervision, permits supported sales, detailed procurement and production records were maintained, and AO relied only on loose papers/Tally from an ex-employee without confronting suppliers or independent corroboration; legal basis-additions cannot rest on presumption/conjecture and on uncorroborated third-party material. Outcome: additions for alleged bogus purchases deleted. Whether unexplained expenditure u/s 69C and witness evidence sustained: absence of opportunity to cross-examine and reliance on tamperable third-party data meant additions were invalid; outcome: deleted. Whether gross-profit addition from a dubious trial balance: TB was unreliable/dumb document; outcome: deletion. - ITAT
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