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...
Where tax on payments has been recovered from the recipient, the payer is not liable as an assessee in default for non-deduction of tax at source; accordingly no penalty under the default provision can be fastened if the recipient has paid the tax. However, interest for failure to deduct remains payable by the payer from the date tax was deductible until the recipient furnishes its return. The assessing officer is directed to verify recipient details, tax payments and return filing; if verification confirms payment by the recipient, the additions shall be deleted.
Where tax on payments has been recovered from the recipient, the payer is not liable as an assessee in default for non-deduction of tax at source; accordingly no penalty under the default provision can be fastened if the recipient has paid the tax. However, interest for failure to deduct remains payable by the payer from the date tax was deductible until the recipient furnishes its return. The assessing officer is directed to verify recipient details, tax payments and return filing; if verification confirms payment by the recipient, the additions shall be deleted.
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