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...
After insertion of Article 226(2), territorial jurisdiction extends to a High Court where part of the cause of action arises. Because the amalgamated petitioner was at Pune, the recovery notice was received there, the consequences of the impugned demands operated there, and the case had been transferred under Section 127 to the Pune officer, the writ petition was maintainable in Bombay; the Delhi officer was functus officio and effective relief could be granted only in Pune. On merits, the Revenue failed to produce any assessment, rectification, intimation, or service record supporting the demands, so an adverse inference arose and recovery of the non-existent demands was impermissible. The demands, recovery notice, and computation sheets were quashed.
After insertion of Article 226(2), territorial jurisdiction extends to a High Court where part of the cause of action arises. Because the amalgamated petitioner was at Pune, the recovery notice was received there, the consequences of the impugned demands operated there, and the case had been transferred under Section 127 to the Pune officer, the writ petition was maintainable in Bombay; the Delhi officer was functus officio and effective relief could be granted only in Pune. On merits, the Revenue failed to produce any assessment, rectification, intimation, or service record supporting the demands, so an adverse inference arose and recovery of the non-existent demands was impermissible. The demands, recovery notice, and computation sheets were quashed.
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