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...
Section 54F exemption must be given effect before applying the set-off rules for long-term capital loss under section 70(3). The Tribunal held that capital gains chargeability under section 45(1) is itself subject to the exemption provisions, so where section 54F conditions are satisfied, the eligible gain exits the charging computation to that extent first. Only after capital gains are computed under sections 45 to 55A can section 70(3) operate. On the undisputed figures, the assessee was entitled to section 54F relief on the eligible long-term capital gain and also to carry forward the separate long-term capital loss, so the denial of carry forward was unsustainable.
Section 54F exemption must be given effect before applying the set-off rules for long-term capital loss under section 70(3). The Tribunal held that capital gains chargeability under section 45(1) is itself subject to the exemption provisions, so where section 54F conditions are satisfied, the eligible gain exits the charging computation to that extent first. Only after capital gains are computed under sections 45 to 55A can section 70(3) operate. On the undisputed figures, the assessee was entitled to section 54F relief on the eligible long-term capital gain and also to carry forward the separate long-term capital loss, so the denial of carry forward was unsustainable.
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