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Corporate guarantee invocation in insolvency petition: enforceability upheld, conditional sanction letter not a novation, limitation not barred after ...
Assignment of leasehold rights and whether it constitutes a taxable supply is the central issue; the High Court noted pending Supreme Court appeals on whether such assignments amount to 'transfer of land' or a taxable supply and therefore extended interim protection. The Court stayed recovery under impugned orders and stayed adjudication of outstanding show cause notices until final disposal, directed issuance of notice to the Attorney General where constitutional validity of CGST provisions is challenged, and permitted filing of replies with liberty to apply further, while awaiting the Supreme Court's determination.
Assignment of leasehold rights and whether it constitutes a taxable supply is the central issue; the High Court noted pending Supreme Court appeals on whether such assignments amount to 'transfer of land' or a taxable supply and therefore extended interim protection. The Court stayed recovery under impugned orders and stayed adjudication of outstanding show cause notices until final disposal, directed issuance of notice to the Attorney General where constitutional validity of CGST provisions is challenged, and permitted filing of replies with liberty to apply further, while awaiting the Supreme Court's determination.
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