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...
Leased premises used as a hotel, though containing a restaurant, banquet and conference halls, bar and health club, qualify as a building used for accommodation and thus fall within the renting of immovable property exclusion; the Tribunal found those facilities to be integral or incidental to hotel activity rather than separate commercial deployments and held that Explanation 2 deeming partial business use is not attracted. Applying the plain-text exclusion and following prior coordinate-bench reasoning affirmed by higher authority, the impugned demand and orders were set aside with consequential relief.
Leased premises used as a hotel, though containing a restaurant, banquet and conference halls, bar and health club, qualify as a building used for accommodation and thus fall within the renting of immovable property exclusion; the Tribunal found those facilities to be integral or incidental to hotel activity rather than separate commercial deployments and held that Explanation 2 deeming partial business use is not attracted. Applying the plain-text exclusion and following prior coordinate-bench reasoning affirmed by higher authority, the impugned demand and orders were set aside with consequential relief.
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