Maintainability of a Section 7 insolvency petition against a financial service provider denied; appeal dismissed for non maintainability and complex d...
Provisional attachment under Prevention of Money Laundering Act requires exhaustion of statutory remedies; impugned order set aside, appeal to tribuna...
Restoration of property under Prevention of Money Laundering Act after attachment dispute rendered academic; possession directed to successful resolut...
Sanction for reopening was held invalid where the competent authority merely affixed rubber-stamp endorsements such as "Yes I am satisfied" without showing independent application of mind. The Tribunal treated the approval requirement under section 151 as a substantive safeguard, and applied the principles in S. Goyanka Lime & Chemical and Pioneer Town Planners to hold that mechanical sanction cannot validate reassessment. As the notices under section 148 were issued on the basis of such defective approval, they were bad in law and the consequential reassessment orders for the relevant assessment years were quashed.
Sanction for reopening was held invalid where the competent authority merely affixed rubber-stamp endorsements such as "Yes I am satisfied" without showing independent application of mind. The Tribunal treated the approval requirement under section 151 as a substantive safeguard, and applied the principles in S. Goyanka Lime & Chemical and Pioneer Town Planners to hold that mechanical sanction cannot validate reassessment. As the notices under section 148 were issued on the basis of such defective approval, they were bad in law and the consequential reassessment orders for the relevant assessment years were quashed.
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