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...
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Where an assessing officer treated an amount shown as outstanding in the assessee's balance-sheet as unexplained income, the Tribunal accepted that bank account statements and TDS challans (including TDS payment with interest and late fee) evidencing subsequent payment sufficiently established the outstanding liability; the sale deeds' recital of full receipt without recording mode of payment did not override documentary banking evidence. On that basis the Tribunal held the Section 69A addition unsustainable and deleted the addition, allowing the assessee's appeal for the relevant assessment year.
Where an assessing officer treated an amount shown as outstanding in the assessee's balance-sheet as unexplained income, the Tribunal accepted that bank account statements and TDS challans (including TDS payment with interest and late fee) evidencing subsequent payment sufficiently established the outstanding liability; the sale deeds' recital of full receipt without recording mode of payment did not override documentary banking evidence. On that basis the Tribunal held the Section 69A addition unsustainable and deleted the addition, allowing the assessee's appeal for the relevant assessment year.
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