Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Service...
Tax exemption for specified legal-services authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and...
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Section 31B gives a secured creditor priority over tax dues in enforcement of mortgaged property, provided the mortgage particulars are uploaded in the CERSAI portal. On that basis, the creditor could proceed with sale under SARFAESI despite the tax charge. The charge entry, however, could still remain in the encumbrance record because any surplus after satisfaction of the secured debt may still meet tax dues. The auction purchaser would not be fettered by the charge, and an appropriate endorsement could be sought from the Sub-Registrar after the sale. The prayer to quash or delete the charge entry was declined, and the writ petition was disposed of accordingly.
Section 31B gives a secured creditor priority over tax dues in enforcement of mortgaged property, provided the mortgage particulars are uploaded in the CERSAI portal. On that basis, the creditor could proceed with sale under SARFAESI despite the tax charge. The charge entry, however, could still remain in the encumbrance record because any surplus after satisfaction of the secured debt may still meet tax dues. The auction purchaser would not be fettered by the charge, and an appropriate endorsement could be sought from the Sub-Registrar after the sale. The prayer to quash or delete the charge entry was declined, and the writ petition was disposed of accordingly.
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