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...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
Specified income of Baddi Barotiwala Nalagarh Development Authority receives conditional tax exemption, retrospectively covering its designated assess...
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The High Court held that by virtue of the non-obstante clause in the Kerala General Sales Tax Act, 1963 (KGST Act), it creates a first charge on the property of the dealer for tax payable under the Act from 1995 onwards. However, there is no corresponding provision creating a first charge under the Income Tax Act, 1961. Section 281 of the Income Tax Act merely provides that certain transfers during the pendency of proceedings are void, but no such transfer occurred here. The properties were auctioned for realizing tax payable under the KGST Act, and the petitioners purchased them. The Income Tax Department cannot proceed against these properties for realizing arrears payable by the deceased Madhavan Pillai under the Income Tax Act. The writ petitions were allowed, setting aside the impugned notices/proceedings and declaring that the petitioners' properties cannot be proceeded against for realizing arrears under the Income Tax Act.
The High Court held that by virtue of the non-obstante clause in the Kerala General Sales Tax Act, 1963 (KGST Act), it creates a first charge on the property of the dealer for tax payable under the Act from 1995 onwards. However, there is no corresponding provision creating a first charge under the Income Tax Act, 1961. Section 281 of the Income Tax Act merely provides that certain transfers during the pendency of proceedings are void, but no such transfer occurred here. The properties were auctioned for realizing tax payable under the KGST Act, and the petitioners purchased them. The Income Tax Department cannot proceed against these properties for realizing arrears payable by the deceased Madhavan Pillai under the Income Tax Act. The writ petitions were allowed, setting aside the impugned notices/proceedings and declaring that the petitioners' properties cannot be proceeded against for realizing arrears under the Income Tax Act.
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