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...
Invalid approval for reassessment under the post-search regime vitiated the assessments, because the record did not show proper transmission of seized material to the approving authority and that factual gap remained unrebutted. The Tribunal also treated the assessments for the relevant years as wrongly framed under section 143(3), since after the search they fell within the post-search reassessment framework under sections 148/147, and quashed them on that basis. On the property issue, it accepted the seized document showing a lower investment figure and reduced the unexplained investment addition accordingly. On the cash issue, it directed verification of the company's taxed income and grant of telescoping to prevent double addition.
Invalid approval for reassessment under the post-search regime vitiated the assessments, because the record did not show proper transmission of seized material to the approving authority and that factual gap remained unrebutted. The Tribunal also treated the assessments for the relevant years as wrongly framed under section 143(3), since after the search they fell within the post-search reassessment framework under sections 148/147, and quashed them on that basis. On the property issue, it accepted the seized document showing a lower investment figure and reduced the unexplained investment addition accordingly. On the cash issue, it directed verification of the company's taxed income and grant of telescoping to prevent double addition.
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