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 of assessment on allegation of bogus invoices was held unjustified because ledger entries did not show escaped income and the AO treated Rs.3,67,43,973 as bogus purchase despite it being claimed as a deduction and linked to a later payment of Rs.5,13,02,342 following a DGGI survey. The petitioner was not called upon to explain the alleged bogus GST claim, and the High Court found procedural and substantive defects in the reassessment action. Consequently the notice under reopening and the impugned order were quashed and the writ petition allowed.
Reopening of assessment on allegation of bogus invoices was held unjustified because ledger entries did not show escaped income and the AO treated Rs.3,67,43,973 as bogus purchase despite it being claimed as a deduction and linked to a later payment of Rs.5,13,02,342 following a DGGI survey. The petitioner was not called upon to explain the alleged bogus GST claim, and the High Court found procedural and substantive defects in the reassessment action. Consequently the notice under reopening and the impugned order were quashed and the writ petition allowed.
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