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...
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...
After a search under section 132 in the assessee's case, the ITAT held that the Assessing Officer could not continue with a normal scrutiny assessment under section 143(3) and had to proceed under the special post-search statutory route. Because the Revenue did not dislodge this jurisdictional defect, the Tribunal found an invalid assumption of jurisdiction and quashed the assessment framed under section 143(3). The grounds challenging the additions on merits were therefore rendered academic.
After a search under section 132 in the assessee's case, the ITAT held that the Assessing Officer could not continue with a normal scrutiny assessment under section 143(3) and had to proceed under the special post-search statutory route. Because the Revenue did not dislodge this jurisdictional defect, the Tribunal found an invalid assumption of jurisdiction and quashed the assessment framed under section 143(3). The grounds challenging the additions on merits were therefore rendered academic.
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