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...
Denial of TDS credit arose from non-production of relevant documents; tribunal found tax was lawfully deposited and non-production resulted from a bona fide belief, not malafide, and therefore admission of additional evidence was warranted, with the consequence that the evidence should be admitted and considered. The tribunal directed restoration to the assessing officer to permit the assessee to file additional evidence within a prescribed period and ordered the AO, after verification, to allow the TDS credit as per law; grounds allowed for statistical purposes.
Denial of TDS credit arose from non-production of relevant documents; tribunal found tax was lawfully deposited and non-production resulted from a bona fide belief, not malafide, and therefore admission of additional evidence was warranted, with the consequence that the evidence should be admitted and considered. The tribunal directed restoration to the assessing officer to permit the assessee to file additional evidence within a prescribed period and ordered the AO, after verification, to allow the TDS credit as per law; grounds allowed for statistical purposes.
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