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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Exemption under section 54 was upheld where the assessee had substantially paid the vendor and taken possession under an unregistered agreement, bringing the transaction within part performance under section 53A of the Transfer of Property Act. The Tribunal accepted that registration was not ative on these facts and noted that the same transaction had been accepted in the vendor's assessment. It also found no defect in title material already on record and rejected the Revenue's Rule 46A objection because the conveyance deed had been before the Assessing Officer. The appellate order granting exemption was sustained and the Revenue's appeal was dismissed.
Exemption under section 54 was upheld where the assessee had substantially paid the vendor and taken possession under an unregistered agreement, bringing the transaction within part performance under section 53A of the Transfer of Property Act. The Tribunal accepted that registration was not ative on these facts and noted that the same transaction had been accepted in the vendor's assessment. It also found no defect in title material already on record and rejected the Revenue's Rule 46A objection because the conveyance deed had been before the Assessing Officer. The appellate order granting exemption was sustained and the Revenue's appeal was dismissed.
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