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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SC held that statutory "first charge" created under S.11(2) EPF&MP Act over the assets of an establishment for provident fund dues prevails over the priority granted to secured creditors under Ss.26E, 35 and 13 of the SARFAESI Act. While SARFAESI is later in time and contains a non-obstante clause, the Court ruled that mere priority cannot override a legislatively created first charge. The secured creditor (appellant-bank) is permitted to proceed with auction of the secured assets; however, from the sale proceeds, provident fund dues must be discharged first, followed by the bank's secured debt. Workmen are granted liberty to approach the competent authority under the MRTU & PULP Act for determination of their dues, to be considered without reference to earlier delay. The impugned judgment is set aside and the appeal is allowed.
SC held that statutory "first charge" created under S.11(2) EPF&MP Act over the assets of an establishment for provident fund dues prevails over the priority granted to secured creditors under Ss.26E, 35 and 13 of the SARFAESI Act. While SARFAESI is later in time and contains a non-obstante clause, the Court ruled that mere priority cannot override a legislatively created first charge. The secured creditor (appellant-bank) is permitted to proceed with auction of the secured assets; however, from the sale proceeds, provident fund dues must be discharged first, followed by the bank's secured debt. Workmen are granted liberty to approach the competent authority under the MRTU & PULP Act for determination of their dues, to be considered without reference to earlier delay. The impugned judgment is set aside and the appeal is allowed.
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