Invoice-based recovery claims remain time-barred despite separate winding-up proceedings, absent valid acknowledgment or part-payment of the disputed ...
Extended limitation fails without specific suppression allegations, while overseas employee secondment remains taxable as manpower supply within norma...
Time-share accommodation classification excludes Club or Association Service where purchasers receive contractual occupancy rights without genuine mem...
CENVAT credit for trading requires reversal, while taxable-service rental credit remains proportionately available and limitation issues await resolut...
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The court dismissed the petition challenging the auction process for sale of the property and seeking refund of the purchase price paid by the petitioner as the successful auction purchaser. The property was initially attached by the competent authority under the Maharashtra Protection of Interest of Depositors (MPID) Act due to the financial establishment's failure to return deposits. Subsequently, the designated court released the property from attachment, enabling its sale through auction under due process of law. The court held that once the property vested in the competent authority and was sold to the petitioner after lifting the attachment, the petitioner could enjoy the property without requiring title deeds. The court clarified that the secured creditor's rights flow from agreements creating security interest, which was not applicable in this case involving attachment under the MPID Act. Consequently, the petitioner's claims for refund, interest, damages, and compensation were rejected as lacking merit.
The court dismissed the petition challenging the auction process for sale of the property and seeking refund of the purchase price paid by the petitioner as the successful auction purchaser. The property was initially attached by the competent authority under the Maharashtra Protection of Interest of Depositors (MPID) Act due to the financial establishment's failure to return deposits. Subsequently, the designated court released the property from attachment, enabling its sale through auction under due process of law. The court held that once the property vested in the competent authority and was sold to the petitioner after lifting the attachment, the petitioner could enjoy the property without requiring title deeds. The court clarified that the secured creditor's rights flow from agreements creating security interest, which was not applicable in this case involving attachment under the MPID Act. Consequently, the petitioner's claims for refund, interest, damages, and compensation were rejected as lacking merit.
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