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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Statements recorded under the Income Tax Act were held usable in benami proceedings because the two statutes operate in allied fields, and cross-examination was not treated as an automatic right under the Benami Act. The Tribunal found those statements corroborated by shareholding patterns, effective control of the companies by Mahaveer Lunia and his family, recovery of property lists from his residence, and the appellants' failure to prove lawful sources of funds. It further held that the companies functioned as fronts and the ingredients of benami transaction were satisfied, so the provisional attachment was confirmed and the appeals were dismissed.
Statements recorded under the Income Tax Act were held usable in benami proceedings because the two statutes operate in allied fields, and cross-examination was not treated as an automatic right under the Benami Act. The Tribunal found those statements corroborated by shareholding patterns, effective control of the companies by Mahaveer Lunia and his family, recovery of property lists from his residence, and the appellants' failure to prove lawful sources of funds. It further held that the companies functioned as fronts and the ingredients of benami transaction were satisfied, so the provisional attachment was confirmed and the appeals were dismissed.
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