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...
General penalty under the GST law for failure to file annual return was held impermissible where late fee had already been levied for the same default, since Section 125 applies only where no penalty is leviable under Section 47; the general penalty was therefore quashed. The late fee computation under Section 47(2) was found erroneous because the authority first computed a consolidated late fee and then split it between CGST and SGST; instead, the correctly computed total late fee had to be apportioned equally, resulting in a reduced late fee payable. Upon payment of the modified late fee, the bank account was directed to be defrozen. - HC
General penalty under the GST law for failure to file annual return was held impermissible where late fee had already been levied for the same default, since Section 125 applies only where no penalty is leviable under Section 47; the general penalty was therefore quashed. The late fee computation under Section 47(2) was found erroneous because the authority first computed a consolidated late fee and then split it between CGST and SGST; instead, the correctly computed total late fee had to be apportioned equally, resulting in a reduced late fee payable. Upon payment of the modified late fee, the bank account was directed to be defrozen. - HC
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