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...
The High Court set aside the impugned assessment order because the authority had not considered the petitioner's reply and supporting documents filed in response to the show cause notice. It held that the objections and material had to be examined afresh, and that the competent authority must pass a speaking and reasoned order in accordance with law. The matter was therefore remitted for fresh consideration on the admitted procedural footing that the earlier order was made without addressing the petitioner's submissions and evidence.
The High Court set aside the impugned assessment order because the authority had not considered the petitioner's reply and supporting documents filed in response to the show cause notice. It held that the objections and material had to be examined afresh, and that the competent authority must pass a speaking and reasoned order in accordance with law. The matter was therefore remitted for fresh consideration on the admitted procedural footing that the earlier order was made without addressing the petitioner's submissions and evidence.
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