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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The Tribunal remanded the interest disallowance linked to short-term capital gains because the assessee's additional evidence on loan utilisation had not been verified by the lower authorities, and the claim required factual examination before a fresh decision. The tax rate applicable to short-term capital gains from listed securities was also sent back, as it depended on the outcome of the primary computation issue. The section 80E deduction claim was similarly restored because supporting education-loan documents were produced at the appellate stage and had to be examined against the statutory requirements. The appeal was thus allowed for statistical purposes.
The Tribunal remanded the interest disallowance linked to short-term capital gains because the assessee's additional evidence on loan utilisation had not been verified by the lower authorities, and the claim required factual examination before a fresh decision. The tax rate applicable to short-term capital gains from listed securities was also sent back, as it depended on the outcome of the primary computation issue. The section 80E deduction claim was similarly restored because supporting education-loan documents were produced at the appellate stage and had to be examined against the statutory requirements. The appeal was thus allowed for statistical purposes.
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