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...
A pending appeal abated because the appellant company had been ordered into liquidation and no application for continuance was filed by the official liquidator under Rule 22 of the CESTAT Procedure Rules. The Tribunal applied Rule 22, which bars continuation of an appeal by a wound-up company unless the liquidator seeks to carry it on, and relied on Ghanshyam Mishra to confirm that the proceedings did not survive. The miscellaneous application was disposed of, and the delay in filing it was condoned.
A pending appeal abated because the appellant company had been ordered into liquidation and no application for continuance was filed by the official liquidator under Rule 22 of the CESTAT Procedure Rules. The Tribunal applied Rule 22, which bars continuation of an appeal by a wound-up company unless the liquidator seeks to carry it on, and relied on Ghanshyam Mishra to confirm that the proceedings did not survive. The miscellaneous application was disposed of, and the delay in filing it was condoned.
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