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...
Relief under the salary-arrear relief provision was considered in relation to exemptions for voluntary retirement payments; the tribunal accepted that gratuity, leave encashment, voluntary retirement compensation and arrears may be exempt and that relief under the arrears-relief provision can be claimed in addition to the statutory exemption. Relying on cited precedents, the tribunal remitted the common computation issue to the assessing officer for verification and recalculation of the arrears relief in accordance with law, directing reasonable opportunity to the assessee and allowing the appeals for statistical purposes.
Relief under the salary-arrear relief provision was considered in relation to exemptions for voluntary retirement payments; the tribunal accepted that gratuity, leave encashment, voluntary retirement compensation and arrears may be exempt and that relief under the arrears-relief provision can be claimed in addition to the statutory exemption. Relying on cited precedents, the tribunal remitted the common computation issue to the assessing officer for verification and recalculation of the arrears relief in accordance with law, directing reasonable opportunity to the assessee and allowing the appeals for statistical purposes.
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