Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Deductibility of settlement payments for securities law penalties and treatment of unexplained cash credits in share trading -- Tribunal upholds posit...
Threshold for allottee-initiated insolvency petitions in leasehold real estate upheld; petition admitted after possession letters deemed legally ineff...
Contravention of foreign exchange rules in crossborder diamond payments; appellate tribunal reduces one appellant's penalty for delay and proportional...
Excess ITC was denied under Section 16(4) due to non-reconciliation between GSTR-3B and related disclosures, and the taxpayer had not responded to the show cause notice. The Court found a prima facie overlap in the demand confirmed in the impugned order and, to prevent unjust duplication while ensuring revenue protection, directed the taxpayer to deposit 25% of the disputed tax and file a reply within 30 days. Upon such compliance, the adjudicating authority was directed to pass a fresh order on merits within three months and the bank account attachment would stand vacated; the petition was disposed. - HC
Excess ITC was denied under Section 16(4) due to non-reconciliation between GSTR-3B and related disclosures, and the taxpayer had not responded to the show cause notice. The Court found a prima facie overlap in the demand confirmed in the impugned order and, to prevent unjust duplication while ensuring revenue protection, directed the taxpayer to deposit 25% of the disputed tax and file a reply within 30 days. Upon such compliance, the adjudicating authority was directed to pass a fresh order on merits within three months and the bank account attachment would stand vacated; the petition was disposed. - HC
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