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...
Alleged benami sale of agricultural land was upheld where the payment trail showed the beneficial owner - not the named transferee - furnished consideration, negating a fiduciary or temporary holding claim; outcome: attachment confirmed and appeal dismissed. Reconstitution and partnership documents lacked genuine participation or signatures by the named transferee, supporting that the transferee held title as a benamidar in name only, and financial records showed no capacity to fund the purchase, reinforcing benami inference. On these bases the tribunal found the statutory definition of benami property satisfied and declined to disturb the impugned order confirming provisional attachment.
Alleged benami sale of agricultural land was upheld where the payment trail showed the beneficial owner - not the named transferee - furnished consideration, negating a fiduciary or temporary holding claim; outcome: attachment confirmed and appeal dismissed. Reconstitution and partnership documents lacked genuine participation or signatures by the named transferee, supporting that the transferee held title as a benamidar in name only, and financial records showed no capacity to fund the purchase, reinforcing benami inference. On these bases the tribunal found the statutory definition of benami property satisfied and declined to disturb the impugned order confirming provisional attachment.
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