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...
Addition under section 68 concerning unsecured loans addressed the onus of proof regarding lender identity, creditworthiness and genuineness of transactions; the taxpayer discharged the primary onus by adducing credible evidence and fact-based findings supporting lender identity and creditworthiness, leading to deletion of the addition by the first appellate authority which the appellate body declined to disturb. Reliance on prior judicial precedents supporting the factual conclusions was noted, and the revenues grounds challenging the deletion were dismissed.
Addition under section 68 concerning unsecured loans addressed the onus of proof regarding lender identity, creditworthiness and genuineness of transactions; the taxpayer discharged the primary onus by adducing credible evidence and fact-based findings supporting lender identity and creditworthiness, leading to deletion of the addition by the first appellate authority which the appellate body declined to disturb. Reliance on prior judicial precedents supporting the factual conclusions was noted, and the revenues grounds challenging the deletion were dismissed.
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