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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Section 16(5), as inserted retrospectively from 01.07.2017, extends and overrides the time limit under Section 16(4) for claiming input tax credit for financial years 2017 18 to 2020 21, so returns filed within the extended cut off are not barred merely by the earlier time limit; orders denying ITC solely on that time bar were set aside. The matter is remitted to the assessing authority to determine factual eligibility for the claimed ITC, permitting factual reassessment but not re-opening the legal conclusion on the extended time limit.
Section 16(5), as inserted retrospectively from 01.07.2017, extends and overrides the time limit under Section 16(4) for claiming input tax credit for financial years 2017 18 to 2020 21, so returns filed within the extended cut off are not barred merely by the earlier time limit; orders denying ITC solely on that time bar were set aside. The matter is remitted to the assessing authority to determine factual eligibility for the claimed ITC, permitting factual reassessment but not re-opening the legal conclusion on the extended time limit.
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