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...
Contravention of foreign exchange rules in crossborder diamond payments; appellate tribunal reduces one appellant's penalty for delay and proportional...
The HC declined to quash a GST show cause notice at the writ stage, holding that interference under Article 226 is confined to exceptional cases where the notice is wholly without jurisdiction or facially illegal. The earlier classification ruling in the petitioner's own case did not conclude the present demand because the notice rested on a different foundation and on material gathered in enquiry, including the petitioner's documents. Questions on bifurcation, supply character, applicable rate and limitation were matters for reply before the proper officer, not writ review. The petition was dismissed with liberty to respond to the notice within four weeks, and all merits objections were kept open.
The HC declined to quash a GST show cause notice at the writ stage, holding that interference under Article 226 is confined to exceptional cases where the notice is wholly without jurisdiction or facially illegal. The earlier classification ruling in the petitioner's own case did not conclude the present demand because the notice rested on a different foundation and on material gathered in enquiry, including the petitioner's documents. Questions on bifurcation, supply character, applicable rate and limitation were matters for reply before the proper officer, not writ review. The petition was dismissed with liberty to respond to the notice within four weeks, and all merits objections were kept open.
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