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...
Abatement of proceedings on initiation of search is limited to assessments or reassessments that are pending at the time of search; completed and subsisting assessment orders do not abate. However, where a fresh assessment is made under the block-assessment scheme for a year within the block period, the prior completed assessment for that year is rendered infructuous and is treated as re-opened and merged into the subsequent block assessment, so the latter determination governs. The appellate challenge succeeded and the tribunal order was set aside, leaving the Section 153A assessment operative in relation to the disputed loss treatment.
Abatement of proceedings on initiation of search is limited to assessments or reassessments that are pending at the time of search; completed and subsisting assessment orders do not abate. However, where a fresh assessment is made under the block-assessment scheme for a year within the block period, the prior completed assessment for that year is rendered infructuous and is treated as re-opened and merged into the subsequent block assessment, so the latter determination governs. The appellate challenge succeeded and the tribunal order was set aside, leaving the Section 153A assessment operative in relation to the disputed loss treatment.
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