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...
For proceedings after an assessee's death, the governing expression is legal representative, not legal heir, and it extends beyond succession-law heirs to persons representing or intermeddling with the estate. On that basis, service of notice on the petitioner in his declared representative capacity was valid, and he could not later challenge it merely because he was not a Class I heir. However, where reassessment was initiated by invoking the extended limitation period, sanction had to be obtained from the authority specified under Section 151(ii). Approval granted by the Principal Commissioner instead of the Principal Chief Commissioner did not satisfy the statutory requirement, so the reassessment notice was quashed for want of competent approval.
For proceedings after an assessee's death, the governing expression is legal representative, not legal heir, and it extends beyond succession-law heirs to persons representing or intermeddling with the estate. On that basis, service of notice on the petitioner in his declared representative capacity was valid, and he could not later challenge it merely because he was not a Class I heir. However, where reassessment was initiated by invoking the extended limitation period, sanction had to be obtained from the authority specified under Section 151(ii). Approval granted by the Principal Commissioner instead of the Principal Chief Commissioner did not satisfy the statutory requirement, so the reassessment notice was quashed for want of competent approval.
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