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...
Availability of an efficacious statutory appeal and exhaustion of alternative remedy was held decisive against writ jurisdiction: post-decisional hearing under the Regulation satisfies audi alteram partem and absence of pre-hearing did not amount to jurisdictional breach, so writ relief was inappropriate. Orders rejecting objections to assessment and penalty were not shown to be jurisdictionally invalid and must be challenged via the statutory appellate route. Records of pre-August 19, 2025 writs are to be transferred to the Appellate Tribunal for disposal without insisting on pre-deposit; petitions filed on or after that date are dismissed for alternative remedy, with limitation issues left to the Tribunal.
Availability of an efficacious statutory appeal and exhaustion of alternative remedy was held decisive against writ jurisdiction: post-decisional hearing under the Regulation satisfies audi alteram partem and absence of pre-hearing did not amount to jurisdictional breach, so writ relief was inappropriate. Orders rejecting objections to assessment and penalty were not shown to be jurisdictionally invalid and must be challenged via the statutory appellate route. Records of pre-August 19, 2025 writs are to be transferred to the Appellate Tribunal for disposal without insisting on pre-deposit; petitions filed on or after that date are dismissed for alternative remedy, with limitation issues left to the Tribunal.
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