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...
Reopening of assessment depends on prior approval from the authority specified for the applicable time-bar category; where more than three years had elapsed from the end of the relevant assessment year, approval required from the higher authority under the substituted scheme. The High Court found approval was obtained from the lower specified authority instead of the required higher authority, rendering the s.148 notice, the s.148A(d) order and consequent reassessment and penalty proceedings jurisdictionally invalid. The HC quashed and set aside the notice, the reassessment order and the penalty notice, deciding in favour of the assessee.
Reopening of assessment depends on prior approval from the authority specified for the applicable time-bar category; where more than three years had elapsed from the end of the relevant assessment year, approval required from the higher authority under the substituted scheme. The High Court found approval was obtained from the lower specified authority instead of the required higher authority, rendering the s.148 notice, the s.148A(d) order and consequent reassessment and penalty proceedings jurisdictionally invalid. The HC quashed and set aside the notice, the reassessment order and the penalty notice, deciding in favour of the assessee.
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