Aggregation under TNMM prevents selective testing of intra-group services without comparable uncontrolled transactions, while appellate additional cla...
Protective assessment cannot duplicate identical receipts under competing characterisations; remote services did not establish a taxable permanent est...
Current account treatment of overseas tournament services removed most FEMA findings, but excess EEFC remittance and delayed repatriation remained bre...
Modification of bail conditions remains available through inherent jurisdiction where onerous deposits undermine justice and cannot recover disputed d...
Merchant banker regulation consolidates registration, governance, capital, reporting, outsourcing and investor-protection requirements under an update...
SARFAESI enforcement against personal guarantors may continue while CIRP is pending only against the corporate debtor, because the corporate-debtor moratorium does not extend to guarantors. The notes explain that an interim moratorium for a personal guarantor arises only when a creditor files an insolvency application against that guarantor; a demand notice alone is insufficient. They further state that IBC consolidation provisions do not apply where no guarantor insolvency proceeding exists, and that SARFAESI and debt-recovery proceedings are complementary remedies rather than mutually exclusive elections. On the stated facts, the possession notice, auction and sale certificate were restored by setting aside the contrary DRT directions; the Bank's writ petition was treated as maintainable.
SARFAESI enforcement against personal guarantors may continue while CIRP is pending only against the corporate debtor, because the corporate-debtor moratorium does not extend to guarantors. The notes explain that an interim moratorium for a personal guarantor arises only when a creditor files an insolvency application against that guarantor; a demand notice alone is insufficient. They further state that IBC consolidation provisions do not apply where no guarantor insolvency proceeding exists, and that SARFAESI and debt-recovery proceedings are complementary remedies rather than mutually exclusive elections. On the stated facts, the possession notice, auction and sale certificate were restored by setting aside the contrary DRT directions; the Bank's writ petition was treated as maintainable.
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