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...
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GST was sought to be levied on liquidated damages received for breach/non-performance under a service agreement. The Court held that such amounts represent compensation for loss/damage payable under ss. 73-74 of the Contract Act and are expressly covered by para 7 (including paras 7.1 and 7.1.6) of Circular No. 178/10/2022, which clarifies that such payments are not consideration for a supply; consequently, the levy proposed in the show cause notice was unsustainable, and the notice was quashed. Amounts collected/paid under protest in relation to such proceedings were directed to be refunded with interest, applying the principle that involuntary collections without authority of law are illegal. - HC
GST was sought to be levied on liquidated damages received for breach/non-performance under a service agreement. The Court held that such amounts represent compensation for loss/damage payable under ss. 73-74 of the Contract Act and are expressly covered by para 7 (including paras 7.1 and 7.1.6) of Circular No. 178/10/2022, which clarifies that such payments are not consideration for a supply; consequently, the levy proposed in the show cause notice was unsustainable, and the notice was quashed. Amounts collected/paid under protest in relation to such proceedings were directed to be refunded with interest, applying the principle that involuntary collections without authority of law are illegal. - HC
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