Unregistered profit-sharing agreements cannot justify occupation of corporate debtor premises during CIRP; repossession by the Resolution Professional...
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The HC allowed the petition and quashed the impugned orders dated 30.04.2019 and 22.02.2018 issued under Section 129(3) of the GST Act. The court held that the vehicle (Reg. No. UP80CT-3246) is properly classified as an open-body truck per the Registration Certificate, a fact not disputed by the State, and therefore could not be treated as a light commercial vehicle as the Appellate Authority retrospectively asserted without supporting material or any clarification from the Transport Department. The record disclosed a discrepancy in the invoiced quantity but no finding of tax-evasion or culpable intent by the authorities below; accordingly the enforcement orders were held unsustainable in law.
The HC allowed the petition and quashed the impugned orders dated 30.04.2019 and 22.02.2018 issued under Section 129(3) of the GST Act. The court held that the vehicle (Reg. No. UP80CT-3246) is properly classified as an open-body truck per the Registration Certificate, a fact not disputed by the State, and therefore could not be treated as a light commercial vehicle as the Appellate Authority retrospectively asserted without supporting material or any clarification from the Transport Department. The record disclosed a discrepancy in the invoiced quantity but no finding of tax-evasion or culpable intent by the authorities below; accordingly the enforcement orders were held unsustainable in law.
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