Cooperative society deposits, member-interest TDS exemption and credit-facility deduction claims require verification through records and supporting e...
Customs jurisdiction over EPCG condition breaches survives export-obligation discharge certificates, requiring alleged fraud and misdeclaration to be ...
Contractual tolerance requires consideration; breach recoveries, qualifying public infrastructure services and road works escape service tax liability...
Personal hearing requirements in GST adjudication were satisfied by prior opportunities and written submissions; appellate limitation received writ-pe...
A civil suit seeking a declaration that personal guarantees stood released remained maintainable because it was filed before any application under Section 95 of the Insolvency and Bankruptcy Code; Section 96 is triggered only on such filing, so a later interim moratorium could at most stay the pending suit for the limited statutory period and not bar it under Order VII Rule 11(d). The court also held that a declaratory suit to establish release from personal guarantees lies within civil jurisdiction, and Section 231 must be construed strictly so as not to oust jurisdiction beyond the Code's specific coverage. Rejection of the plaint was therefore unsustainable and the suit was remanded.
A civil suit seeking a declaration that personal guarantees stood released remained maintainable because it was filed before any application under Section 95 of the Insolvency and Bankruptcy Code; Section 96 is triggered only on such filing, so a later interim moratorium could at most stay the pending suit for the limited statutory period and not bar it under Order VII Rule 11(d). The court also held that a declaratory suit to establish release from personal guarantees lies within civil jurisdiction, and Section 231 must be construed strictly so as not to oust jurisdiction beyond the Code's specific coverage. Rejection of the plaint was therefore unsustainable and the suit was remanded.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4792
Join Channel
TaxTMI 
