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...
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A writ petition against an assessment order was held not maintainable after the assessee had already invoked rectification under Section 161, as parallel recourse was impermissible; it was also rejected as time-barred. The rectification order was treated as appealable under Section 107, which was construed broadly to cover orders passed under the Act, including Section 161 orders. The Court therefore directed resort to the statutory appellate remedy, distinguished earlier TNGST Act authority, and condoned delay for filing the appeal within the time granted, subject to statutory conditions including pre-deposit.
A writ petition against an assessment order was held not maintainable after the assessee had already invoked rectification under Section 161, as parallel recourse was impermissible; it was also rejected as time-barred. The rectification order was treated as appealable under Section 107, which was construed broadly to cover orders passed under the Act, including Section 161 orders. The Court therefore directed resort to the statutory appellate remedy, distinguished earlier TNGST Act authority, and condoned delay for filing the appeal within the time granted, subject to statutory conditions including pre-deposit.
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