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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Tax recovery and attachment cannot continue beyond the subsisting recoverable demand after appellate relief. The Court found that most demands underlying the tax recovery certificates had ceased to survive, and only the interest component relating to the quantum addition for A.Y. 2008-09 remained presently recoverable, while the penalty demand and interest thereon were stayed. The recovery certificates and attachments were therefore unsustainable except to the limited extent needed to protect the Revenue for the unstayed demand. Attachments over two properties were quashed, one property was allowed to remain attached, and the certificates were directed to be revised to reflect only the outstanding unstayed demand.
Tax recovery and attachment cannot continue beyond the subsisting recoverable demand after appellate relief. The Court found that most demands underlying the tax recovery certificates had ceased to survive, and only the interest component relating to the quantum addition for A.Y. 2008-09 remained presently recoverable, while the penalty demand and interest thereon were stayed. The recovery certificates and attachments were therefore unsustainable except to the limited extent needed to protect the Revenue for the unstayed demand. Attachments over two properties were quashed, one property was allowed to remain attached, and the certificates were directed to be revised to reflect only the outstanding unstayed demand.
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