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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Denial of TDS credit arising from a Form 26AS mismatch was challenged; ITAT found documentary evidence that the Karta of an HUF and an HUF member had not claimed the TDS credit in their respective returns and that lower authorities failed to appreciate this. On that basis the Tribunal restored the matter to the file of the assessing officer for de novo adjudication to examine whether the TDS credit was unclaimed by each return-filer, and allowed the appeal for statistical purposes directing fresh consideration in accordance with law.
Denial of TDS credit arising from a Form 26AS mismatch was challenged; ITAT found documentary evidence that the Karta of an HUF and an HUF member had not claimed the TDS credit in their respective returns and that lower authorities failed to appreciate this. On that basis the Tribunal restored the matter to the file of the assessing officer for de novo adjudication to examine whether the TDS credit was unclaimed by each return-filer, and allowed the appeal for statistical purposes directing fresh consideration in accordance with law.
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