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...
Issuance of assessment notices and an assessment order in the name of a non-existent entity for a postamalgamation year was held to be a substantive illegality rather than a curable procedural defect under Section 292B; the assessing officer should have identified the correct taxpayer for the assessment year. The court declined the revenue's plea to cure the defect under Section 292B, relying on precedent, and set aside the assessment founded on notices issued to the ceased entity. Decision pronounced in favour of the assessee.
Issuance of assessment notices and an assessment order in the name of a non-existent entity for a postamalgamation year was held to be a substantive illegality rather than a curable procedural defect under Section 292B; the assessing officer should have identified the correct taxpayer for the assessment year. The court declined the revenue's plea to cure the defect under Section 292B, relying on precedent, and set aside the assessment founded on notices issued to the ceased entity. Decision pronounced in favour of the assessee.
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