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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Reassessment initiated after the three-year period required approval from the higher authorities specified by section 151(2); approval recorded from a Principal Commissioner did not satisfy that statutory requirement, so the notice under section 148 and the reassessment order under section 147 read with section 144 were invalid and quashed. Consequential penalty orders founded on the quashed reassessment were also held invalid and quashed. The Tribunal did not decide the remaining merits-based grounds of appeal.
Reassessment initiated after the three-year period required approval from the higher authorities specified by section 151(2); approval recorded from a Principal Commissioner did not satisfy that statutory requirement, so the notice under section 148 and the reassessment order under section 147 read with section 144 were invalid and quashed. Consequential penalty orders founded on the quashed reassessment were also held invalid and quashed. The Tribunal did not decide the remaining merits-based grounds of appeal.
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