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...
Court recognised a procedural failure in timely filing Form 10B under the Income Tax Act but treated it as a curable irregularity where substantial entitlement to tax exemption exists. The administrative Circular relied upon by the respondent was not treated as binding on the court. Applying the principle that technical non-compliance should not defeat substantive benefits to a trust or institution, the court condoned a short delay in filing Form 10B and allowed the petitioner to retain benefits under Sections 11 and 12 of the Income Tax Act.
Court recognised a procedural failure in timely filing Form 10B under the Income Tax Act but treated it as a curable irregularity where substantial entitlement to tax exemption exists. The administrative Circular relied upon by the respondent was not treated as binding on the court. Applying the principle that technical non-compliance should not defeat substantive benefits to a trust or institution, the court condoned a short delay in filing Form 10B and allowed the petitioner to retain benefits under Sections 11 and 12 of the Income Tax Act.
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