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...
A High Court decision on tax litigation reiterated that condonation of delay depends only on sufficient cause, and prolonged administrative inaction, unexplained gaps and file movement without justification do not warrant indulgence; the State is held to the same diligence standard as any litigant. It also reaffirmed that review jurisdiction is narrow and cannot be used for rehearing unless there is an apparent error or comparable ground. On the tax issue, the Court applied strict construction of the notification and held that denatured spirit is distinct from ethyl alcohol; because the 30.03.2002 notification covered only rectified spirit, neutral spirit and ethyl alcohol, it did not impose entry tax on denatured spirit.
A High Court decision on tax litigation reiterated that condonation of delay depends only on sufficient cause, and prolonged administrative inaction, unexplained gaps and file movement without justification do not warrant indulgence; the State is held to the same diligence standard as any litigant. It also reaffirmed that review jurisdiction is narrow and cannot be used for rehearing unless there is an apparent error or comparable ground. On the tax issue, the Court applied strict construction of the notification and held that denatured spirit is distinct from ethyl alcohol; because the 30.03.2002 notification covered only rectified spirit, neutral spirit and ethyl alcohol, it did not impose entry tax on denatured spirit.
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