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Ex parte injunction service requirements were substantially met, while civil recovery and SFIO investigation into provident fund defalcation continued...
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Third-party ownership claims over attached property require Special Court adjudication where purchasers lack registered sale deeds and bona fides rema...
Pure-agent reimbursements in clearing and forwarding services are excluded from taxable value when qualifying third-party payments are properly record...
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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