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...
Section 148A(b) requires at least seven days to respond; a notice granting only five days was held contrary to statute, and the assessee's later extension request did not cure the defect. The resulting order under section 148A(d) and reassessment were therefore unsustainable. The notice under section 148 was also time-barred, as the limitation for A.Y. 2015-16 expired on 31/03/2022 but the notice was issued on 04/04/2022. On merits, the addition for unexplained investment could not be made wholly in the assessee's hands because the sale deed showed joint ownership of the property with his wife.
Section 148A(b) requires at least seven days to respond; a notice granting only five days was held contrary to statute, and the assessee's later extension request did not cure the defect. The resulting order under section 148A(d) and reassessment were therefore unsustainable. The notice under section 148 was also time-barred, as the limitation for A.Y. 2015-16 expired on 31/03/2022 but the notice was issued on 04/04/2022. On merits, the addition for unexplained investment could not be made wholly in the assessee's hands because the sale deed showed joint ownership of the property with his wife.
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