Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
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Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
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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...
ITAT held that the deeming fiction of deemed valuation cannot be invoked where the stamp valuation is demonstrably erroneous and subsequently rectified; the original inflated stamp duty value lost sanctity and the addition under the deeming provision was deleted. On the beneficial exemption, the tribunal applied substance-over-form: for under construction flats purchased from a builder the acquisition is substantially effected on completion and possession within the statutory period, and the proviso excluding the exemption for ownership of more than one house was not attracted on the admitted facts; exemption under the residential capital gains provision allowed. Consequentially the penalty based solely on the deleted additions was deleted.
ITAT held that the deeming fiction of deemed valuation cannot be invoked where the stamp valuation is demonstrably erroneous and subsequently rectified; the original inflated stamp duty value lost sanctity and the addition under the deeming provision was deleted. On the beneficial exemption, the tribunal applied substance-over-form: for under construction flats purchased from a builder the acquisition is substantially effected on completion and possession within the statutory period, and the proviso excluding the exemption for ownership of more than one house was not attracted on the admitted facts; exemption under the residential capital gains provision allowed. Consequentially the penalty based solely on the deleted additions was deleted.
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