Charitable trust registration requires a specified-violation notice; settled cash deposits and related-party payments did not justify cancellation or ...
External development charges trigger TDS under section 194C, while disputed administrative payments require factual verification and fresh adjudicatio...
Section 270AA penalty immunity requires identified statutory defaults and a hearing before rejection; reassessment disclosure may constitute under-rep...
Section 80JJAA employee-cost deduction allowed for deployed staff but barred against transfer-pricing income enhancement, with pricing issues remanded...
Transfer-pricing methodology protects commercially genuine associated-enterprise payments, while pre-2016 secondary adjustments and related notional i...
Negative liens over operating assets can constitute international transactions requiring arm's-length pricing reflecting restricted borrowing and expa...
Cross-examination rights in Customs Broker revocation inquiries require witness examination; procedural denial may be cured through fresh adjudication...
Recovery of Tax Dues versus Secured Creditors - priority of security interest and its enforcement over the Secured Assets - The High court clarified the priority of security interests over the assets in question. It cited Section 26-C(1) of the SARFAESI Act, which establishes that registration with the Central Registry of Securitization Asset Reconstruction and Security Interest of India (CERSAI) acts as public notice. The court affirmed that SBI's mortgage, created in 2010 and registered in CERSAI in 2012, had priority over subsequent claims.
Recovery of Tax Dues versus Secured Creditors - priority of security interest and its enforcement over the Secured Assets - The High court clarified the priority of security interests over the assets in question. It cited Section 26-C(1) of the SARFAESI Act, which establishes that registration with the Central Registry of Securitization Asset Reconstruction and Security Interest of India (CERSAI) acts as public notice. The court affirmed that SBI's mortgage, created in 2010 and registered in CERSAI in 2012, had priority over subsequent claims.
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