Arrest safeguards and transit remand requirements invalidated detention following inter-State transfer without communicated grounds or magistrate auth...
Arrest safeguards require disclosed grounds, relative intimation and transit remand, while duplicate prosecution under the CGST framework is unsustain...
Document Identification Number defects can invalidate GST assessments, with delayed challenges entertained conditionally where patent irregularities e...
Windmill commissioning evidence supported higher depreciation where grid connection and electricity generation proved operational use before the relev...
Pharmaceutical promotion and transfer-pricing comparability principles limited disallowances, while uncorroborated search allegations and unsupported ...
Business expenditure substantiation supports scrap credits, statutory payments and expense claims, while depreciation requires proof of actual busines...
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The court addressed the challenge to the order of attachment and the priority of charge between the Multi-State Co-operative Bank and the Sales Tax Department for recovery of dues u/s 26(E) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The court held that the Sales Tax Department failed to provide evidence that the attachment of the secured asset complied with the Maharashtra Land Revenue Code, 1966 and its Rules. Following the Full Bench decision in Jalgaon Janta Sahakari Bank Ltd, an attachment under the Code requires a proclamation per the Rules. Absent adherence to this procedure, the Sales Tax Department cannot claim priority over the order of attachment predating 24/01/2020. The affidavit filed by the Sales Tax Department remained silent on this issue. Consequently, the petition was allowed.
The court addressed the challenge to the order of attachment and the priority of charge between the Multi-State Co-operative Bank and the Sales Tax Department for recovery of dues u/s 26(E) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The court held that the Sales Tax Department failed to provide evidence that the attachment of the secured asset complied with the Maharashtra Land Revenue Code, 1966 and its Rules. Following the Full Bench decision in Jalgaon Janta Sahakari Bank Ltd, an attachment under the Code requires a proclamation per the Rules. Absent adherence to this procedure, the Sales Tax Department cannot claim priority over the order of attachment predating 24/01/2020. The affidavit filed by the Sales Tax Department remained silent on this issue. Consequently, the petition was allowed.
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