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...
Cash received over and above the registered sale consideration on transfer of jointly owned immovable properties was treated as additional sale consideration, not unexplained money. Section 69A applies only where a person is found to be owner of unrecorded money and cannot satisfactorily explain its nature and source; here, the Assessing Officer had accepted the receipt as on-money from the buyers. Because the source was identified as part of the sale transaction, the amount could not be taxed as unexplained money merely because it was received in cash and omitted from the sale deed. The capital gains computation had to be recomputed in each co-owner's hands according to their share.
Cash received over and above the registered sale consideration on transfer of jointly owned immovable properties was treated as additional sale consideration, not unexplained money. Section 69A applies only where a person is found to be owner of unrecorded money and cannot satisfactorily explain its nature and source; here, the Assessing Officer had accepted the receipt as on-money from the buyers. Because the source was identified as part of the sale transaction, the amount could not be taxed as unexplained money merely because it was received in cash and omitted from the sale deed. The capital gains computation had to be recomputed in each co-owner's hands according to their share.
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