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...
Whether the penalty quantified under Section 129(1)(a) of the U.P. GST Act, 2017 was computed erroneously was the dominant issue. Applying the principle in a prior binding decision on similar facts, the Court held that the penalty must be re-determined strictly in accordance with the statutory formula under Section 129(1)(a), and an order reflecting an incorrect computation cannot be sustained. Consequently, the impugned penalty order was set aside and the tax authorities were directed to re-compute and determine the penalty afresh within three weeks, and the writ petition was disposed of. - HC
Whether the penalty quantified under Section 129(1)(a) of the U.P. GST Act, 2017 was computed erroneously was the dominant issue. Applying the principle in a prior binding decision on similar facts, the Court held that the penalty must be re-determined strictly in accordance with the statutory formula under Section 129(1)(a), and an order reflecting an incorrect computation cannot be sustained. Consequently, the impugned penalty order was set aside and the tax authorities were directed to re-compute and determine the penalty afresh within three weeks, and the writ petition was disposed of. - HC
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