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...
Allegations concern whether a supplier passed the benefit of input tax credit to purchasers by reducing prices; this requires verification of documentary evidence and calculation of the claimed Rs.173 per buyer and alleged Rs.32.78 per sq ft profiteering. Limitation objections under sections governing recovery of tax were raised by the respondent and must be examined against the investigative record. The Appellate Tribunal directed re investigation by the DGAP under the procedural rule for further factual and accounting scrutiny to determine if a commensurate price reduction was effected and whether statutory time limit defenses bar recovery.
Allegations concern whether a supplier passed the benefit of input tax credit to purchasers by reducing prices; this requires verification of documentary evidence and calculation of the claimed Rs.173 per buyer and alleged Rs.32.78 per sq ft profiteering. Limitation objections under sections governing recovery of tax were raised by the respondent and must be examined against the investigative record. The Appellate Tribunal directed re investigation by the DGAP under the procedural rule for further factual and accounting scrutiny to determine if a commensurate price reduction was effected and whether statutory time limit defenses bar recovery.
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