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...
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The HC held that penalty for detention of goods in transit was unsustainable where the record showed movement under a tax invoice, e-way bill and consignee note, and the petitioner was treated as the consignee-owner. In the absence of any allegation or material of fraud in the accompanying documents, the authorities could not ignore the transport documents or proceed against the petitioner as another person. Subsequent cancellation of registration, having occurred after the invoice and loading of goods, did not justify the penalty. The impugned orders were set aside and the matter remitted for fresh consideration after hearing the petitioner.
The HC held that penalty for detention of goods in transit was unsustainable where the record showed movement under a tax invoice, e-way bill and consignee note, and the petitioner was treated as the consignee-owner. In the absence of any allegation or material of fraud in the accompanying documents, the authorities could not ignore the transport documents or proceed against the petitioner as another person. Subsequent cancellation of registration, having occurred after the invoice and loading of goods, did not justify the penalty. The impugned orders were set aside and the matter remitted for fresh consideration after hearing the petitioner.
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