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...
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Threshold for allottee-initiated insolvency petitions in leasehold real estate upheld; petition admitted after possession letters deemed legally ineff...
Contravention of foreign exchange rules in crossborder diamond payments; appellate tribunal reduces one appellant's penalty for delay and proportional...
The ITAT set aside ex parte appellate orders dismissing the assessee's appeals as time barred, holding that delay should not defeat consideration where the challenge goes to the jurisdiction to levy late fee under section 234E for the period before 1 June 2015. Following the Kerala High Court decision in Jiji Varghese, the Tribunal held that the first appellate authority ought to have condoned the delay and heard the appeals on merits. It did not decide the validity of the levy itself and remanded the matters for fresh adjudication after giving the assessee a reasonable opportunity of hearing.
The ITAT set aside ex parte appellate orders dismissing the assessee's appeals as time barred, holding that delay should not defeat consideration where the challenge goes to the jurisdiction to levy late fee under section 234E for the period before 1 June 2015. Following the Kerala High Court decision in Jiji Varghese, the Tribunal held that the first appellate authority ought to have condoned the delay and heard the appeals on merits. It did not decide the validity of the levy itself and remanded the matters for fresh adjudication after giving the assessee a reasonable opportunity of hearing.
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