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...
Penalty under section 271DA for alleged contravention of section 269ST was held time-barred because the limitation under section 275(1)(c) runs from the end of May 2023 and the penalty order issued in September 2024 exceeded that six month period. On merits, consolidated entries in a group-level excel sheet and an uncorroborated confessional statement were held insufficient to prove clause (b) violations of section 269ST for individual sales of spent solvents and scraps; assessment findings alone cannot substitute for independent corroborative evidence in penalty proceedings. Penalty therefore unsustainable on limitation and evidentiary grounds.
Penalty under section 271DA for alleged contravention of section 269ST was held time-barred because the limitation under section 275(1)(c) runs from the end of May 2023 and the penalty order issued in September 2024 exceeded that six month period. On merits, consolidated entries in a group-level excel sheet and an uncorroborated confessional statement were held insufficient to prove clause (b) violations of section 269ST for individual sales of spent solvents and scraps; assessment findings alone cannot substitute for independent corroborative evidence in penalty proceedings. Penalty therefore unsustainable on limitation and evidentiary grounds.
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