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...
Deduction under the capital gains exemption for purchase of a new residential property was allowed where the property was registered in a sister's name but the assessee paid the booking advance and entire purchase consideration from his bank accounts, produced provisional allotment, a memorandum of understanding, confirmation from the sister that registration was for convenience, a subsequent gift deed and municipal records; the tribunal noted that liberal interpretation commonly afforded to purchases by spouse or unmarried children does not automatically extend to other relatives, but on the documentary chain and source-of-funds the exemption's conditions were satisfied and the disallowance was deleted.
Deduction under the capital gains exemption for purchase of a new residential property was allowed where the property was registered in a sister's name but the assessee paid the booking advance and entire purchase consideration from his bank accounts, produced provisional allotment, a memorandum of understanding, confirmation from the sister that registration was for convenience, a subsequent gift deed and municipal records; the tribunal noted that liberal interpretation commonly afforded to purchases by spouse or unmarried children does not automatically extend to other relatives, but on the documentary chain and source-of-funds the exemption's conditions were satisfied and the disallowance was deleted.
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