Expenditure tied to investments yielding exempt income restricted to attributable costs; broader disallowance disallowed and adjustments to WDV and mi...
Admissibility of Investigative Statements invalidated reliance on coerced emails and valuation redetermination, resulting in set aside of penalties an...
Classification of printed technical documents: specific Chapter 49.01 entry prevails, enabling claimed customs exemptions for imported manuals and rep...
Attachment of Pre Offence Mortgaged Property remains possible under PMLA; secured creditors may pursue statutory claim and seek auction with undertaki...
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A State statutory first charge under tax enactments was held to prevail over the priority claimed by a secured creditor under Section 26E of the SARFAESI Act, because Section 26E operates prospectively and does not itself create a first charge. The text also notes that prospective operation may still take account of antecedent events, but that does not alter the result where the superior court has already limited Section 26E to prospective effect. For CST dues, State recovery powers were treated as incorporated through section 9(2), allowing the Commercial Tax Department to rely on the State first charge. An earlier order permitting sale outside liquidation was recalled for want of hearing the Department.
A State statutory first charge under tax enactments was held to prevail over the priority claimed by a secured creditor under Section 26E of the SARFAESI Act, because Section 26E operates prospectively and does not itself create a first charge. The text also notes that prospective operation may still take account of antecedent events, but that does not alter the result where the superior court has already limited Section 26E to prospective effect. For CST dues, State recovery powers were treated as incorporated through section 9(2), allowing the Commercial Tax Department to rely on the State first charge. An earlier order permitting sale outside liquidation was recalled for want of hearing the Department.
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