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...
Contravention of foreign exchange rules in crossborder diamond payments; appellate tribunal reduces one appellant's penalty for delay and proportional...
Challenge concerned denial of tax deducted at source (TDS) credit where a third-party deductor failed to deposit tax, and maintainability of a writ on territorial grounds. Court held that territorial jurisdiction could not be defeated by a later transfer of the assessing authority and permitted the petition to proceed. On the substantive TDS issue, the court recognised that the assessee cannot be penalised for the deductors failure to deposit and quashed the intimation disallowing TDS credit; consequential recovery was declared illegal and a refund with applicable interest was directed.
Challenge concerned denial of tax deducted at source (TDS) credit where a third-party deductor failed to deposit tax, and maintainability of a writ on territorial grounds. Court held that territorial jurisdiction could not be defeated by a later transfer of the assessing authority and permitted the petition to proceed. On the substantive TDS issue, the court recognised that the assessee cannot be penalised for the deductors failure to deposit and quashed the intimation disallowing TDS credit; consequential recovery was declared illegal and a refund with applicable interest was directed.
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