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...
Dispute concerns recovery of funds erroneously transferred to a wrong beneficiary account and the applicability of CGST/WBGST provisions. HC examined bank report, affidavit of the added respondent and Ombudsman order, found transfer resulted from payers mistake (account digits mismatched) and that the unintended recipient disavowed any commercial relationship and consented to return the funds; consequently the bank was directed to credit the amount back to the payers account within one week. The operative effect is mandatory restitution of the mistakenly transferred amount by the bank to the payer.
Dispute concerns recovery of funds erroneously transferred to a wrong beneficiary account and the applicability of CGST/WBGST provisions. HC examined bank report, affidavit of the added respondent and Ombudsman order, found transfer resulted from payers mistake (account digits mismatched) and that the unintended recipient disavowed any commercial relationship and consented to return the funds; consequently the bank was directed to credit the amount back to the payers account within one week. The operative effect is mandatory restitution of the mistakenly transferred amount by the bank to the payer.
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