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...
The HC held that the Tribunal could not dismiss the assessee's appeal without adjudicating the substantive grounds on merits. Reliance on the time taken by the CIT(A) to dispose of the appeal was an irrelevant consideration, especially in light of the disruption and backlog caused during the Covid-19 period. Because the Tribunal decided the matter on a basis unrelated to the merits of the controversy, its order was unsustainable. The order was set aside and the matter was remanded to the Tribunal for fresh disposal on merits after consideration of all grounds raised by the assessee.
The HC held that the Tribunal could not dismiss the assessee's appeal without adjudicating the substantive grounds on merits. Reliance on the time taken by the CIT(A) to dispose of the appeal was an irrelevant consideration, especially in light of the disruption and backlog caused during the Covid-19 period. Because the Tribunal decided the matter on a basis unrelated to the merits of the controversy, its order was unsustainable. The order was set aside and the matter was remanded to the Tribunal for fresh disposal on merits after consideration of all grounds raised by the assessee.
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