Tax determination against deceased proprietor invalid where no notice to legal representative; appeal rejected without addressing jurisdictional defec...
Revocation of GST registration and permission to file blocked returns; conditional defreezing of bank accounts after security and instalment applicati...
Right to access seized electronic evidence: impugned adjudication treated as additional show cause notice, remand for fresh hearing and return of mate...
Revisability of return invalidation communications under tax procedure affirmed, impugned non revisional finding quashed and matter remitted for fresh...
The appellate tribunal rejected the corporate guarantor's challenge to admission of a Section 7 application. It held that the earlier guarantee deeds remained operative because subsequent sanction letters expressly continued existing securities; the later guarantee did not novate or extinguish prior guarantee obligations, and invocation validly triggered liability, resulting in rejection of the novation defence. It further held that a consortium member could independently initiate Section 7 proceedings upon the borrower's account becoming NPA, so maintainability was upheld. Objections on insufficient stamping were treated as curable and belated, especially where stamp duty exemptions/undertakings existed, and could not defeat undisputed debt and default; the admission order was affirmed and the appeal dismissed - NCLAT
The appellate tribunal rejected the corporate guarantor's challenge to admission of a Section 7 application. It held that the earlier guarantee deeds remained operative because subsequent sanction letters expressly continued existing securities; the later guarantee did not novate or extinguish prior guarantee obligations, and invocation validly triggered liability, resulting in rejection of the novation defence. It further held that a consortium member could independently initiate Section 7 proceedings upon the borrower's account becoming NPA, so maintainability was upheld. Objections on insufficient stamping were treated as curable and belated, especially where stamp duty exemptions/undertakings existed, and could not defeat undisputed debt and default; the admission order was affirmed and the appeal dismissed - NCLAT
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