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...
Assessee claimed excess deduction under income from house property and received an excess refund; assessee voluntarily deposited the excess refund with interest and filed revised computations before issuance of notice u/s.148. Tribunal applied the principle that voluntary deposit of tax and interest prior to issuance of notice and disclosure of correct income in revised returns negates the basis for imposing penalty; accordingly the penalties under 271(1)(c) and 270A were deleted on the facts and in line with prior similar decisions where the excess refund was repaid before notice.
Assessee claimed excess deduction under income from house property and received an excess refund; assessee voluntarily deposited the excess refund with interest and filed revised computations before issuance of notice u/s.148. Tribunal applied the principle that voluntary deposit of tax and interest prior to issuance of notice and disclosure of correct income in revised returns negates the basis for imposing penalty; accordingly the penalties under 271(1)(c) and 270A were deleted on the facts and in line with prior similar decisions where the excess refund was repaid before notice.
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