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...
Refund of unutilized CENVAT credit was claimed on closure of the manufacturing unit. Interpreting Rule 5 of CCR, 2004 as amended w.e.f. 01.04.2012, it was held that refund is statutorily permissible only where credit remains unutilized due to exports under bond/LUT, and not for "any other reason" as was possible prior to the amendment; being a creature of statute, the forum could not extend refund to factory closure, and the claim was rejected, leading to dismissal of the appeal. The contention that the adjudication travelled beyond the SCN was rejected since the SCN expressly proposed rejection under Rule 5 read with Section 11B. - CESTAT
Refund of unutilized CENVAT credit was claimed on closure of the manufacturing unit. Interpreting Rule 5 of CCR, 2004 as amended w.e.f. 01.04.2012, it was held that refund is statutorily permissible only where credit remains unutilized due to exports under bond/LUT, and not for "any other reason" as was possible prior to the amendment; being a creature of statute, the forum could not extend refund to factory closure, and the claim was rejected, leading to dismissal of the appeal. The contention that the adjudication travelled beyond the SCN was rejected since the SCN expressly proposed rejection under Rule 5 read with Section 11B. - CESTAT
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