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...
Where an assessee objects to stamp-duty valuation under section 50C and requests reference to the Valuation Officer, compliance with that statutory procedure is mandatory. The Tribunal found that no effective DVO reference had actually been made, as the record showed only a request for technical assistance and no follow-up communication from the assessment unit. On that basis, adoption of stamp value for the capital gains addition was unsustainable and the addition was deleted. The Tribunal also rejected the Revenue's request to remand the matter for a post-assessment valuation report, holding that doing so would impermissibly extend the assessment limitation and that section 155(15) did not apply where no valuation report existed.
Where an assessee objects to stamp-duty valuation under section 50C and requests reference to the Valuation Officer, compliance with that statutory procedure is mandatory. The Tribunal found that no effective DVO reference had actually been made, as the record showed only a request for technical assistance and no follow-up communication from the assessment unit. On that basis, adoption of stamp value for the capital gains addition was unsustainable and the addition was deleted. The Tribunal also rejected the Revenue's request to remand the matter for a post-assessment valuation report, holding that doing so would impermissibly extend the assessment limitation and that section 155(15) did not apply where no valuation report existed.
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