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...
Addition based on bank stock statements was sustained where the assessee did not deny availing overdraft consistent with those statements; the tribunal treated the stock as declared in the bank-filed statement. The reasoning emphasises that the statement, though unsigned by some partners, was prepared by the bank's godown keeper, linked directly to the client's drawing power, and supported by the bank manager's testimony. The assessee was given opportunity to rebut but produced no contrary evidence; consequently the stock statement's evidentiary weight was accepted and the assessment decision adverse to the assessee was maintained.
Addition based on bank stock statements was sustained where the assessee did not deny availing overdraft consistent with those statements; the tribunal treated the stock as declared in the bank-filed statement. The reasoning emphasises that the statement, though unsigned by some partners, was prepared by the bank's godown keeper, linked directly to the client's drawing power, and supported by the bank manager's testimony. The assessee was given opportunity to rebut but produced no contrary evidence; consequently the stock statement's evidentiary weight was accepted and the assessment decision adverse to the assessee was maintained.
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