Minimum alternate tax exclusions for pre-amendment banking companies and expatriate Indian branch salaries remain outside head office expenditure limi...
Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Attachment by the sales tax authorities over an apartment in Mumbai - priority of charges - The High Court concludes that the petitioner, as the auction purchaser, holds a valid and marketable title to the apartment, free from encumbrances claimed by the sales tax authorities. This determination is based on the priority of security interests established under the SARFAESI Act. - Despite attachment orders issued by the sales tax authorities, the absence of registration with CERSAI and the failure to issue a proclamation of sale invalidate their claims to priority over the secured creditor. By analyzing relevant statutory provisions and legal precedents, the court clarifies that the sales tax authorities cannot supersede the rights of secured creditors.
Attachment by the sales tax authorities over an apartment in Mumbai - priority of charges - The High Court concludes that the petitioner, as the auction purchaser, holds a valid and marketable title to the apartment, free from encumbrances claimed by the sales tax authorities. This determination is based on the priority of security interests established under the SARFAESI Act. - Despite attachment orders issued by the sales tax authorities, the absence of registration with CERSAI and the failure to issue a proclamation of sale invalidate their claims to priority over the secured creditor. By analyzing relevant statutory provisions and legal precedents, the court clarifies that the sales tax authorities cannot supersede the rights of secured creditors.
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