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...
The dominant issue was whether a suspension order was justified where alleged fraudulent input tax credit was claimed and the GST registration was later cancelled. The Court noted that the taxpayer had obtained deemed registration, a physical inspection report had already been submitted, and a show cause notice had been issued; despite this, ITC was allegedly claimed thereafter. On these facts, the Court held that continued suspension was unwarranted and set aside the suspension order, while clarifying that the authorities could still proceed with and conclude disciplinary proceedings within three months. - HC
The dominant issue was whether a suspension order was justified where alleged fraudulent input tax credit was claimed and the GST registration was later cancelled. The Court noted that the taxpayer had obtained deemed registration, a physical inspection report had already been submitted, and a show cause notice had been issued; despite this, ITC was allegedly claimed thereafter. On these facts, the Court held that continued suspension was unwarranted and set aside the suspension order, while clarifying that the authorities could still proceed with and conclude disciplinary proceedings within three months. - HC
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