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...
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CENVAT credit distributed through ISD invoices remained subject to merits review, so the recipient unit could be proceeded against and was not immune merely because the credit originated from an ISD. On outward transportation, admissibility depended on the place of removal: where contractual terms showed that delivery, installation, commissioning and acceptance at the buyer's premises completed the sale, that premises was treated as the place of removal and transportation up to that point was eligible in principle. The extended period was unavailable because the dispute was interpretational, statutory records were filed, and no wilful suppression or intent to evade was shown. The demand, interest and penalty were therefore time-barred and unsustainable.
CENVAT credit distributed through ISD invoices remained subject to merits review, so the recipient unit could be proceeded against and was not immune merely because the credit originated from an ISD. On outward transportation, admissibility depended on the place of removal: where contractual terms showed that delivery, installation, commissioning and acceptance at the buyer's premises completed the sale, that premises was treated as the place of removal and transportation up to that point was eligible in principle. The extended period was unavailable because the dispute was interpretational, statutory records were filed, and no wilful suppression or intent to evade was shown. The demand, interest and penalty were therefore time-barred and unsustainable.
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