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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Section 130 requires that no confiscation of goods or conveyance be ordered without giving the affected person a personal hearing. Mere consideration of a written reply is not enough to satisfy the statutory mandate or the principle of audi alteram partem. As the impugned confiscation order showed no indication that any hearing had been granted, it was held to be vitiated for non-compliance with the mandatory procedure. The High Court quashed the order and remitted the matter for fresh adjudication after affording the petitioner an opportunity of hearing.
Section 130 requires that no confiscation of goods or conveyance be ordered without giving the affected person a personal hearing. Mere consideration of a written reply is not enough to satisfy the statutory mandate or the principle of audi alteram partem. As the impugned confiscation order showed no indication that any hearing had been granted, it was held to be vitiated for non-compliance with the mandatory procedure. The High Court quashed the order and remitted the matter for fresh adjudication after affording the petitioner an opportunity of hearing.
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