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...
Penalty under section 271(1)(c) was set aside for fresh adjudication where it was levied solely on the basis of the assessment order, without an independent examination in the penalty proceedings and without proper consideration of the assessee's material; the matter was restored to the Assessing Officer to provide due opportunity and follow natural justice. On penalty under section 271AAA, the Tribunal held that the provision applies only to a "specified previous year" as defined in the Explanation, and A.Y. 2011-12 did not fall within that description, so the penalty was deleted.
Penalty under section 271(1)(c) was set aside for fresh adjudication where it was levied solely on the basis of the assessment order, without an independent examination in the penalty proceedings and without proper consideration of the assessee's material; the matter was restored to the Assessing Officer to provide due opportunity and follow natural justice. On penalty under section 271AAA, the Tribunal held that the provision applies only to a "specified previous year" as defined in the Explanation, and A.Y. 2011-12 did not fall within that description, so the penalty was deleted.
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