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...
An assessment based on undisclosed relied-upon material, including server data, corroborative search documents and an Investigation Wing screenshot, was held unsustainable because the assessee was never furnished those materials or given an opportunity to rebut them. The Tribunal held that this denial of access breached audi alteram partem and the broader requirements of natural justice, rendering the assessment arbitrary and bad in law. The assessment order was quashed on that ground alone, and the merits of the additions were left open as academic.
An assessment based on undisclosed relied-upon material, including server data, corroborative search documents and an Investigation Wing screenshot, was held unsustainable because the assessee was never furnished those materials or given an opportunity to rebut them. The Tribunal held that this denial of access breached audi alteram partem and the broader requirements of natural justice, rendering the assessment arbitrary and bad in law. The assessment order was quashed on that ground alone, and the merits of the additions were left open as academic.
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