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...
Revisional powers under Section 264 were held to be broad and aimed at preventing miscarriage of justice and granting relief to an assessee even where the assessee committed mistakes in the original return; consequently the revision application should have been considered and the impugned order under Section 264 was set aside. The court distinguished the Supreme Court decision in Goetze (India) Ltd., finding it inapplicable because that case did not address revisional powers under Section 264 but concerned a post filing deduction without a revised return.
Revisional powers under Section 264 were held to be broad and aimed at preventing miscarriage of justice and granting relief to an assessee even where the assessee committed mistakes in the original return; consequently the revision application should have been considered and the impugned order under Section 264 was set aside. The court distinguished the Supreme Court decision in Goetze (India) Ltd., finding it inapplicable because that case did not address revisional powers under Section 264 but concerned a post filing deduction without a revised return.
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