Reopening Assessments invalid where satisfaction and jurisdictional approval are absent for third party seized material, leading to quashing of assess...
Benami property exclusion from the insolvency estate: Benami Act proceedings preclude IBC tribunals from reopening attachments or treating such assets...
Exclusion of limitation period: pandemic suspension plus debtor acknowledgement can extend limitation, requiring fresh factfinding on guarantee invoca...
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Condonation of delay was granted where the majority of the 822 day delay fell within the pandemic period excluded by Supreme Court guidance on extension of limitation; the High Court, exercising writ jurisdiction, found no deliberate or culpable indolence and took a pragmatic, lenient view to set aside tribunal orders refusing condonation. The court emphasised that the appellate authority has competence under the appeals regime to examine material and merits when considering condonation and directed that the appeal be restored, with a fresh adjudication allowing the petitioner a personal hearing and one opportunity to adduce evidence for claimed charitable exemption.
Condonation of delay was granted where the majority of the 822 day delay fell within the pandemic period excluded by Supreme Court guidance on extension of limitation; the High Court, exercising writ jurisdiction, found no deliberate or culpable indolence and took a pragmatic, lenient view to set aside tribunal orders refusing condonation. The court emphasised that the appellate authority has competence under the appeals regime to examine material and merits when considering condonation and directed that the appeal be restored, with a fresh adjudication allowing the petitioner a personal hearing and one opportunity to adduce evidence for claimed charitable exemption.
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