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        VAT and Sales Tax

        2021 (10) TMI 1440 - SCH - VAT and Sales Tax

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        SC Allows Interim Order Continuation; Directs Punjab National Bank to Allocate Funds Pending Final Outcome in Sales Tax Case. The SC granted leave in SLP No. 6119/2021, allowing the interim order to continue during the appeal's pendency, indicating the appeal's merit. In SLP(C) ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                        Provisions expressly mentioned in the judgment/order text.

                            SC Allows Interim Order Continuation; Directs Punjab National Bank to Allocate Funds Pending Final Outcome in Sales Tax Case.

                            The SC granted leave in SLP No. 6119/2021, allowing the interim order to continue during the appeal's pendency, indicating the appeal's merit. In SLP(C) No. 10919/2021, the SC directed Punjab National Bank to allocate Rs.13,51,594/- for the Sales Tax Department, subject to the petition's final outcome, preserving all parties' rights.




                            Issues involved:
                            1. Granting leave in Special Leave Petition (SLP) No. 6119/2021
                            2. Directing respondent No.3 (Punjab National Bank) to set apart an amount for Sales Tax Department in SLP(C) No. 10919/2021

                            Analysis:

                            1. Granting leave in Special Leave Petition (SLP) No. 6119/2021:
                            The Supreme Court, comprising Hon'ble Mr. Justice A.M. Khanwilkar, Hon'ble Mr. Justice Dinesh Maheshwari, and Hon'ble Mr. Justice C.T. Ravikumar, granted leave in SLP No. 6119/2021. The interim order granted by the Court on 09.04.2021 was directed to continue during the pendency of the appeal. The counsel for the Petitioner, represented by Mr. Gaurav Khanna, Mr. Amar Dave, and Mr. Himanshu Bhushan, presented the case. This decision signifies the Court's acknowledgment of the appeal's merit and the need for further consideration.

                            2. Directing respondent No.3 (Punjab National Bank) to set apart an amount for Sales Tax Department in SLP(C) No. 10919/2021:
                            In SLP(C) No. 10919/2021, the Court issued a directive to respondent No.3, Punjab National Bank, to allocate an amount of Rs.13,51,594/- from the sale proceeds related to the subject property of the previous owner. This allocated sum was to be transferred to the Sales Tax Department to settle outstanding dues. Importantly, this transfer was made subject to the final outcome of the petition and without affecting the rights and contentions of the involved parties. The Court scheduled the matter for further listing on 17th November 2021, indicating the ongoing supervision and management of the case by the Court.

                            This detailed analysis provides a comprehensive understanding of the Supreme Court's judgment, emphasizing the key issues addressed and the specific directives issued by the Court in each matter.
                            Full Summary is available for active users!
                            Note: It is a system-generated summary and is for quick reference only.

                            Topics

                            ActsIncome Tax
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