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...
Binding interim judicial directions governed the treatment of leave travel concession payments during the relevant period, so the assessee was obliged to follow those directions and could not be treated as disobeying the TDS requirement under a stand-alone reading of the statute. As the Tribunal held that failure to deduct tax in those circumstances did not constitute default under section 201(1), the consequential interest under section 201(1A) also could not survive. The demand and interest were therefore deleted, and the appeals were allowed.
Binding interim judicial directions governed the treatment of leave travel concession payments during the relevant period, so the assessee was obliged to follow those directions and could not be treated as disobeying the TDS requirement under a stand-alone reading of the statute. As the Tribunal held that failure to deduct tax in those circumstances did not constitute default under section 201(1), the consequential interest under section 201(1A) also could not survive. The demand and interest were therefore deleted, and the appeals were allowed.
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