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...
The dominant issue was whether the demand for July 2017 to March 2018 could be confirmed by relying on an amended Rule 30(4) of the SEZ Rules and a subsequent circular. Since both the amendment (effective from 21.09.2018) and the circular (dated 12.09.2019) operated prospectively, their application to the earlier tax period was contrary to the governing rules and records, rendering the demand without jurisdiction or authority of law; the impugned order was set aside. Although an appeal under Section 107 of the KGST Act existed, writ jurisdiction was exercised because the order suffered from patent lack of jurisdiction; the petition was allowed - HC
The dominant issue was whether the demand for July 2017 to March 2018 could be confirmed by relying on an amended Rule 30(4) of the SEZ Rules and a subsequent circular. Since both the amendment (effective from 21.09.2018) and the circular (dated 12.09.2019) operated prospectively, their application to the earlier tax period was contrary to the governing rules and records, rendering the demand without jurisdiction or authority of law; the impugned order was set aside. Although an appeal under Section 107 of the KGST Act existed, writ jurisdiction was exercised because the order suffered from patent lack of jurisdiction; the petition was allowed - HC
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