Invoice-based recovery claims remain time-barred despite separate winding-up proceedings, absent valid acknowledgment or part-payment of the disputed ...
Extended limitation fails without specific suppression allegations, while overseas employee secondment remains taxable as manpower supply within norma...
Time-share accommodation classification excludes Club or Association Service where purchasers receive contractual occupancy rights without genuine mem...
CENVAT credit for trading requires reversal, while taxable-service rental credit remains proportionately available and limitation issues await resolut...
Vicarious liability for dishonoured company cheques may extend to non-signatory directors where complaints contain foundational responsibility avermen...
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State tax dues in liquidation do not rank as secured debt unless a valid security interest exists under the Insolvency and Bankruptcy Code. Applying the waterfall mechanism in Section 53, the Tribunal held that the Excise and Taxation Department could not be treated at par with secured financial creditors, and that the Haryana Value Added Tax Act could not override the Code by virtue of Section 238. The liquidator's withholding of sale proceeds and insistence on an indemnity for a possible future change in law were held unsustainable. The withheld proceeds were directed to be distributed to the secured financial creditor that had relinquished its security interest.
State tax dues in liquidation do not rank as secured debt unless a valid security interest exists under the Insolvency and Bankruptcy Code. Applying the waterfall mechanism in Section 53, the Tribunal held that the Excise and Taxation Department could not be treated at par with secured financial creditors, and that the Haryana Value Added Tax Act could not override the Code by virtue of Section 238. The liquidator's withholding of sale proceeds and insistence on an indemnity for a possible future change in law were held unsustainable. The withheld proceeds were directed to be distributed to the secured financial creditor that had relinquished its security interest.
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