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...
Contravention of foreign exchange rules in crossborder diamond payments; appellate tribunal reduces one appellant's penalty for delay and proportional...
Mandating a digital signature to complete an e-assessment is a jurisdictional formality; where the assessment order, computation and demand notice lacked the mandatory digital signature and were effectively antedated, the reassessment was held time-barred and invalid. Separately, the tribunal upheld the appellate finding allowing an extraordinary business loss for fire damage to the extent supported by documentary evidence and insurer reimbursement, concluding revenue failed to overturn those factual findings. The revenue appeal was dismissed, the reassessment quashed for want of mandatory signature and limitation, and the deletion of the addition for the exceptional loss sustained.
Mandating a digital signature to complete an e-assessment is a jurisdictional formality; where the assessment order, computation and demand notice lacked the mandatory digital signature and were effectively antedated, the reassessment was held time-barred and invalid. Separately, the tribunal upheld the appellate finding allowing an extraordinary business loss for fire damage to the extent supported by documentary evidence and insurer reimbursement, concluding revenue failed to overturn those factual findings. The revenue appeal was dismissed, the reassessment quashed for want of mandatory signature and limitation, and the deletion of the addition for the exceptional loss sustained.
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