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...
Where refund of unutilised input tax credit is rejected because the credit is alleged to be ineligible, the circular permits notice and recovery proceedings under the GST recovery provisions; clause 22 applies only when refund is refused for reasons other than ineligibility, so the objection based on that clause failed. The challenge to the circular was therefore rejected, while the question whether the correct recovery route was one provision or another was left open. Because the statutory second appeal had not been taken on file due to a portal glitch and the required amount had been deposited, the impugned order was kept in abeyance until disposal of the appeal, with liberty to raise all available grounds if the appeal failed.
Where refund of unutilised input tax credit is rejected because the credit is alleged to be ineligible, the circular permits notice and recovery proceedings under the GST recovery provisions; clause 22 applies only when refund is refused for reasons other than ineligibility, so the objection based on that clause failed. The challenge to the circular was therefore rejected, while the question whether the correct recovery route was one provision or another was left open. Because the statutory second appeal had not been taken on file due to a portal glitch and the required amount had been deposited, the impugned order was kept in abeyance until disposal of the appeal, with liberty to raise all available grounds if the appeal failed.
Note: It is a system-generated summary and is for quick reference only.
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