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...
The text addresses applications under section 197 for determination of withholding tax rate, emphasising that the competent authority must consider the nature of transactions and relevant material before fixing a NIL or other rate; the court declined to direct issuance of a NIL certificate because no authority had examined transaction nature. The court quashed the earlier administrative order and certificate and directed reissuance of a certificate at a lower rate so the assessee must file returns and may be subjected to scrutiny under CBDT criteria; it also ordered time limits for issuing the certificate and for future applications to be decided within the prescribed period.
The text addresses applications under section 197 for determination of withholding tax rate, emphasising that the competent authority must consider the nature of transactions and relevant material before fixing a NIL or other rate; the court declined to direct issuance of a NIL certificate because no authority had examined transaction nature. The court quashed the earlier administrative order and certificate and directed reissuance of a certificate at a lower rate so the assessee must file returns and may be subjected to scrutiny under CBDT criteria; it also ordered time limits for issuing the certificate and for future applications to be decided within the prescribed period.
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