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...
Deductibility of settlement payments for securities law penalties and treatment of unexplained cash credits in share trading -- Tribunal upholds posit...
Threshold for allottee-initiated insolvency petitions in leasehold real estate upheld; petition admitted after possession letters deemed legally ineff...
Contravention of foreign exchange rules in crossborder diamond payments; appellate tribunal reduces one appellant's penalty for delay and proportional...
Reopening assessments based on documents found during a search must respect the ten-year limitation applicable to reassessments under the tax statute; the High Court found that treating the search date and subsequent assessment year calculation rendered the impugned reopening for the earlier assessment year beyond the permissible ten years and therefore invalid, and quashed the reopening for that year. The Court held that the limitation point is a pure question of statutory interpretation that may be raised at any stage and exercised its writ jurisdiction to set aside the reassessment initiated in breach of the limitation rule.
Reopening assessments based on documents found during a search must respect the ten-year limitation applicable to reassessments under the tax statute; the High Court found that treating the search date and subsequent assessment year calculation rendered the impugned reopening for the earlier assessment year beyond the permissible ten years and therefore invalid, and quashed the reopening for that year. The Court held that the limitation point is a pure question of statutory interpretation that may be raised at any stage and exercised its writ jurisdiction to set aside the reassessment initiated in breach of the limitation rule.
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