International transaction characterisation of domestic divestment of support services business rejected; transaction between resident associated enter...
Minimum Import Price restrictions for Black Pepper, Areca-nuts and Apples upheld; procedural laying failure not fatal, notifications to be placed befo...
Transaction value between related persons requires market-equivalent pricing; importer must prove declared value mirrors ordinary international trade ...
Classification of exported insecticides under export tariff affirmed; reclassification and related penalties set aside and MEIS scrip jurisdiction rec...
The note addresses whether a confirmed tax-sale transfers title when an insolvency moratorium later commences. It explains that under the Second Schedule and attendant rules, confirmation of a tax sale vests absolute title in the auction purchaser once purchase money is deposited; issuance of the sale certificate is a ministerial formality and merely evidences the date of vesting. Accordingly, a moratorium on proceedings under insolvency law cannot retrospectively nullify a sale that had already become absolute at confirmation. The practical effect is that confirmed sales completed before CIRP commencement remain effective and cannot be set aside by the moratorium.
The note addresses whether a confirmed tax-sale transfers title when an insolvency moratorium later commences. It explains that under the Second Schedule and attendant rules, confirmation of a tax sale vests absolute title in the auction purchaser once purchase money is deposited; issuance of the sale certificate is a ministerial formality and merely evidences the date of vesting. Accordingly, a moratorium on proceedings under insolvency law cannot retrospectively nullify a sale that had already become absolute at confirmation. The practical effect is that confirmed sales completed before CIRP commencement remain effective and cannot be set aside by the moratorium.
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