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...
Application challenged denial of exemption under Section 11 for a public charitable trust due to 50 day delay in filing Form 10B; court found the filing requirement to be procedural and subject to substantial compliance, quashed the impugned administrative rejection, and condoned the 50 day delay. The court held that Section 119(2)(b) must be liberally construed to prevent genuine hardship to beneficiaries and that administrative discretion must not be influenced by non existent conditions. Consequence: the Form 10B is to be treated as filed in time and the income tax return processed within three months.
Application challenged denial of exemption under Section 11 for a public charitable trust due to 50 day delay in filing Form 10B; court found the filing requirement to be procedural and subject to substantial compliance, quashed the impugned administrative rejection, and condoned the 50 day delay. The court held that Section 119(2)(b) must be liberally construed to prevent genuine hardship to beneficiaries and that administrative discretion must not be influenced by non existent conditions. Consequence: the Form 10B is to be treated as filed in time and the income tax return processed within three months.
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