Maintainability of a Section 7 insolvency petition against a financial service provider denied; appeal dismissed for non maintainability and complex d...
Provisional attachment under Prevention of Money Laundering Act requires exhaustion of statutory remedies; impugned order set aside, appeal to tribuna...
Restoration of property under Prevention of Money Laundering Act after attachment dispute rendered academic; possession directed to successful resolut...
Parallel tax enforcement on the same subject-matter was held impermissible where the Central Tax Authority had already proceeded against alleged fraudulent availment of input tax credit for the same period. Applying the rule against overlapping coercive action, the Court found the State Tax Authority's provisional attachment of the petitioner's bank accounts unwarranted, arbitrary, and lacking lawful foundation, and quashed the attachment while permitting operation of the accounts. The Court also clarified that independent investigation against suppliers could continue in accordance with law, but it could not justify continued restraint on the petitioner's business or bank accounts.
Parallel tax enforcement on the same subject-matter was held impermissible where the Central Tax Authority had already proceeded against alleged fraudulent availment of input tax credit for the same period. Applying the rule against overlapping coercive action, the Court found the State Tax Authority's provisional attachment of the petitioner's bank accounts unwarranted, arbitrary, and lacking lawful foundation, and quashed the attachment while permitting operation of the accounts. The Court also clarified that independent investigation against suppliers could continue in accordance with law, but it could not justify continued restraint on the petitioner's business or bank accounts.
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