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...
An ex parte assessment based on a Show Cause Notice in Form GST DRC-01 is remitted for fresh adjudication; the taxpayer must file a reply with supporting documents within 30 days and the respondent must verify whether disputed sums were recovered from the Electronic Liability Ledger and, if not, require deposit. On compliance the respondent shall decide the matter on merits expeditiously (preferably within three months) and any bank attachment shall be vacated conditionally where no other arrears exist. Failure to comply permits statutory recovery as if the petition were dismissed, subject to prior notice before enforcement action.
An ex parte assessment based on a Show Cause Notice in Form GST DRC-01 is remitted for fresh adjudication; the taxpayer must file a reply with supporting documents within 30 days and the respondent must verify whether disputed sums were recovered from the Electronic Liability Ledger and, if not, require deposit. On compliance the respondent shall decide the matter on merits expeditiously (preferably within three months) and any bank attachment shall be vacated conditionally where no other arrears exist. Failure to comply permits statutory recovery as if the petition were dismissed, subject to prior notice before enforcement action.
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