Power to receive documentary evidence upheld; documents referred in complaint may be placed on record without amendment where omission was inadvertent...
Proof of foreign public documents requires originals or certified diplomatic/notarial copies; inspection must occur in-magna presence and cross-examin...
Prior Sanction Requirement: absence of prescribed approval invalidates reassessment notice; limitation also bars notice if escaped income below thresh...
The dominant issue was whether Central Sales Tax dues constituted a secured debt by creation of a statutory first charge on the corporate debtor's assets under Section 9(2) of the CST Act read with the State VAT first-charge provision. Section 9(2) was held to be a machinery provision enabling State authorities to assess, collect, and recover CST dues using State sales tax procedures and powers, but it does not confer substantive rights or create any statutory charge. Since the CST Act lacks an express first-charge provision akin to Section 48 of the State VAT law, no security interest could be implied for CST dues. Accordingly, CST dues were not treated as secured, and the challenge failed - NCLAT
The dominant issue was whether Central Sales Tax dues constituted a secured debt by creation of a statutory first charge on the corporate debtor's assets under Section 9(2) of the CST Act read with the State VAT first-charge provision. Section 9(2) was held to be a machinery provision enabling State authorities to assess, collect, and recover CST dues using State sales tax procedures and powers, but it does not confer substantive rights or create any statutory charge. Since the CST Act lacks an express first-charge provision akin to Section 48 of the State VAT law, no security interest could be implied for CST dues. Accordingly, CST dues were not treated as secured, and the challenge failed - NCLAT
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