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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Admissibility of retracted statements recorded during investigation cannot alone support enhancement of assessable value where they were restored without cross examination or independent corroboration; reliance on such statements to raise value was held unsustainable, and the enhancement was set aside. Valuation by reference to annexed import entries was invalidated because those imports were not shown to be contemporaneous, identical or demonstrably comparable, yet a uniform 25% uplift was applied without analysis, rendering the differential duty demand arbitrary and quashed. Penalties against an intermediary were annulled where a co intermediary's penalty for the same transactions had been dropped and attained finality, making disparate penalty confirmation unsupportable.
Admissibility of retracted statements recorded during investigation cannot alone support enhancement of assessable value where they were restored without cross examination or independent corroboration; reliance on such statements to raise value was held unsustainable, and the enhancement was set aside. Valuation by reference to annexed import entries was invalidated because those imports were not shown to be contemporaneous, identical or demonstrably comparable, yet a uniform 25% uplift was applied without analysis, rendering the differential duty demand arbitrary and quashed. Penalties against an intermediary were annulled where a co intermediary's penalty for the same transactions had been dropped and attained finality, making disparate penalty confirmation unsupportable.
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