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...
Validity of an ICDS adjustment was challenged on the basis that the intimation under the income tax intimation procedure was issued without giving the assessee prior written or electronic notice and without considering the assessees response. The court found that the first and second provisos require notice of a proposed adjustment and consideration of any reply before making adjustments; absence of such notice and opportunity to be heard violated the principles of natural justice. Consequently the ICDS adjustment in the intimation was quashed.
Validity of an ICDS adjustment was challenged on the basis that the intimation under the income tax intimation procedure was issued without giving the assessee prior written or electronic notice and without considering the assessees response. The court found that the first and second provisos require notice of a proposed adjustment and consideration of any reply before making adjustments; absence of such notice and opportunity to be heard violated the principles of natural justice. Consequently the ICDS adjustment in the intimation was quashed.
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