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...
Reopening of assessment examines adequacy of service of statutory pre-reopening notice and the right to be heard; the court found doubt as to proper service of the notice under the statute and concluded that the taxpayer was likely deprived of a fair opportunity to present its case, consequently setting aside the subsequent notice and order issued on April 8, 2024. The operative effect requires the taxpayer to file a reply to the show-cause notice dated March 8, 2024 within two weeks, after which the assessing officer must reconsider whether reopening and issuance of a reassessment notice is justified.
Reopening of assessment examines adequacy of service of statutory pre-reopening notice and the right to be heard; the court found doubt as to proper service of the notice under the statute and concluded that the taxpayer was likely deprived of a fair opportunity to present its case, consequently setting aside the subsequent notice and order issued on April 8, 2024. The operative effect requires the taxpayer to file a reply to the show-cause notice dated March 8, 2024 within two weeks, after which the assessing officer must reconsider whether reopening and issuance of a reassessment notice is justified.
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