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...
Given the non-functional status of the GST Appellate Tribunal, the writ petitioner sought liberty to pursue the statutory appellate remedy once the Tribunal becomes operational. Relying on relevant executive notifications and circulars evidencing constitution/operationalization of the Tribunal, the Court directed that upon the President/State President assuming office, the petitioner may file an appeal under the CGST/SGST framework with the requisite statutory pre-deposit, and the appellate authority shall decide it in accordance with law. The statutory stay under s.112(9) shall continue until disposal of the appeal, failing which recovery may proceed if the appeal is not filed within limitation. - HC
Given the non-functional status of the GST Appellate Tribunal, the writ petitioner sought liberty to pursue the statutory appellate remedy once the Tribunal becomes operational. Relying on relevant executive notifications and circulars evidencing constitution/operationalization of the Tribunal, the Court directed that upon the President/State President assuming office, the petitioner may file an appeal under the CGST/SGST framework with the requisite statutory pre-deposit, and the appellate authority shall decide it in accordance with law. The statutory stay under s.112(9) shall continue until disposal of the appeal, failing which recovery may proceed if the appeal is not filed within limitation. - HC
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