Cooperative society deposits, member-interest TDS exemption and credit-facility deduction claims require verification through records and supporting e...
Customs jurisdiction over EPCG condition breaches survives export-obligation discharge certificates, requiring alleged fraud and misdeclaration to be ...
Contractual tolerance requires consideration; breach recoveries, qualifying public infrastructure services and road works escape service tax liability...
Personal hearing requirements in GST adjudication were satisfied by prior opportunities and written submissions; appellate limitation received writ-pe...
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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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