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...
Limitation for passing a final assessment under section 144C(13) must be assessed in light of the interplay between section 144C and section 153: the tribunal applied preceding decisions holding the two provisions to be mutually inclusive and overlapping, so the limitation period for a 144C(13) assessment is to be governed with reference to section 153 read with section 144C. Applying that principle, the impugned final assessment under section 143(3) read with 144C(13) was held timebarred and quashed. Parties are granted liberty to revive the appeal on merits if the pending Supreme Court larger bench decision requires modification.
Limitation for passing a final assessment under section 144C(13) must be assessed in light of the interplay between section 144C and section 153: the tribunal applied preceding decisions holding the two provisions to be mutually inclusive and overlapping, so the limitation period for a 144C(13) assessment is to be governed with reference to section 153 read with section 144C. Applying that principle, the impugned final assessment under section 143(3) read with 144C(13) was held timebarred and quashed. Parties are granted liberty to revive the appeal on merits if the pending Supreme Court larger bench decision requires modification.
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