The High Court dismissed a repeat contempt plea after noting that compliance with the original writ order had already been acknowledged earlier.
The court held that after approval of a resolution plan, mesne profit claims cannot proceed against the company or its new management, though quantification may continue against erstwhile management.
The issue was whether recovery could proceed when the statutory appellate forum was unavailable. The Court held that recovery must remain stayed, allowing the taxpayer to file an appeal once the GST Appellate Tribunal becomes functional.
The appellate tribunal held that once a company petition is dismissed in full, all interim and docket orders merge with the final judgment. No partial relief can be inferred from incidental observations after such dismissal.
The High Court set aside a GST detention order after finding that it was issued on the same day as the show cause notice, violating natural justice.
The High Court granted anticipatory bail after noting that the applicant could not appear earlier due to residing in another state and agreed to cooperate with the ED.
The High Court quashed a GST assessment holding that solar power contracts must be taxed at an effective 8.9% under applicable notifications, not 18%.
The Tribunal ruled that forfeiture of a customs broker’s security deposit could not stand as the show cause notice was not proven to be issued within the mandatory limitation period. Failure to disclose the offence report date vitiated the proceedings.
The issue before the Court was whether a bare approval lacking application of mind could sustain proceedings under Section 153C. The Court held that mechanical approval vitiates the proceedings, reaffirming that valid approval is a mandatory jurisdictional requirement.
The issue was whether a taxpayer could be denied appellate remedy due to non-appointment of GSTAT members. The Court held that limitation would start only after the Tribunal becomes functional and granted liberty to file appeal with statutory stay.
