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Bombay High Court Allows Bank's Petition Against GST Attachment of Secured Assets Under SARFAESI Act. Priority of Secured Creditor Over Crown Debts Upheld Under Section 26E of SARFAESI Act and Section 31B of RDDB Act.

The petitioner, Indian Overseas Bank, a secured creditor, had extended credit facilities to Respondent No. 3, Savair Energy Limited. Upon default, the...

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Bombay High Court Allows Auction Purchasers' Petition in SARFAESI Act Case Due to Overriding Effect of Section 26E Over MVAT Act. Property Purchased in SARFAESI Auction Held Free from Prior Sales Tax Attachment Under Section 38C of MVAT Act.

The petitioners, Shailesh K. Bothra and Mukesh C. Karwa, were auction purchasers of a property sold by Cholamandalam Investment & Finance Co. Ltd. (pe...

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Bombay High Court Allows Writ Petition Challenging Provisional Attachment Orders Under CGST Act — Circular Read Down to Mandate Recording of Reasons. Attachment Orders Quashed for Non-Recording of Reasons Under Section 83 of Central Goods and Services Tax Act, 2017 and Rule 159(1) of CGST Rules.

The petitioner, Originative Trading Private Limited, filed a writ petition under Article 226 of the Constitution of India challenging the validity of ...

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Bombay High Court Quashes Provisional Attachment Order in GST Case for Non-Compliance with Section 83(1) MGST Act — Attachment Without Pending Proceeding or Prior Notice Invalid

The petitioner, Praful Nanji Satra, a businessman who rented out commercial premises and paid GST on license fees, challenged a provisional attachment...

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Bombay High Court Restricts Provisional Attachment to Disputed Amount in MVAT Act Case — Section 48(5) Constitutional Challenge Rejected. Court holds that attachment under Section 35 must be proportionate, and directs respondents to limit attachment to Rs.1.81 crores.

The petitioner, M/s. Premium Paper and Board Industries Ltd., a registered dealer under the Maharashtra Value Added Tax Act, 2002 (MVAT Act) and the C...

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Bombay High Court Dismisses Petition Challenging Recovery Certificate Satisfaction Orders in Cooperative Bank Dispute. Special Recovery Officer lacks jurisdiction to adjudicate on validity of recovery certificates or order refund under Maharashtra Cooperative Societies Act, 1960.

The petitioners, M/s. Vilas Transport Co., a partnership firm, filed a writ petition under Article 226 of the Constitution of India challenging two or...