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...
Interplay between limitation for passing final assessment under section 144C(13) and section 153 is examined; the analysis applies the principle that provisions are to be read together where they are inter-dependent and overlapping, particularly regarding transfer pricing related provisions, and therefore the applicable limitation period must be determined with reference to section 144C read with section 153; consequence: final assessment orders issued beyond that combined limitation period are jurisdictionally infirm and were quashed following the precedent relied upon.
Interplay between limitation for passing final assessment under section 144C(13) and section 153 is examined; the analysis applies the principle that provisions are to be read together where they are inter-dependent and overlapping, particularly regarding transfer pricing related provisions, and therefore the applicable limitation period must be determined with reference to section 144C read with section 153; consequence: final assessment orders issued beyond that combined limitation period are jurisdictionally infirm and were quashed following the precedent relied upon.
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