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...
Threshold for allottee-initiated insolvency petitions in leasehold real estate upheld; petition admitted after possession letters deemed legally ineff...
Contravention of foreign exchange rules in crossborder diamond payments; appellate tribunal reduces one appellant's penalty for delay and proportional...
Refund claim for service tax on resurfacing and allied works at a defence installation is permissible where exemption entry previously applied and similar reintroduced entry covers identical services; consequence: services rendered when exemption prevailed remain eligible. Rule 2As liberal scope includes resurfacing as additions or alterations, and stamp duty requirement does not apply where stamp duty is inapplicable, so contracts need not satisfy that clause. Section 103 provides a self-contained refund code excluding Section 11B unjust enrichment and differing limitation; consequence: refund entitlement depends on satisfying Section 102/103 conditions. Operative relief: remand for decision after impleading the service recipient.
Refund claim for service tax on resurfacing and allied works at a defence installation is permissible where exemption entry previously applied and similar reintroduced entry covers identical services; consequence: services rendered when exemption prevailed remain eligible. Rule 2As liberal scope includes resurfacing as additions or alterations, and stamp duty requirement does not apply where stamp duty is inapplicable, so contracts need not satisfy that clause. Section 103 provides a self-contained refund code excluding Section 11B unjust enrichment and differing limitation; consequence: refund entitlement depends on satisfying Section 102/103 conditions. Operative relief: remand for decision after impleading the service recipient.
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