Arrest safeguards and transit remand requirements invalidated detention following inter-State transfer without communicated grounds or magistrate auth...
Arrest safeguards require disclosed grounds, relative intimation and transit remand, while duplicate prosecution under the CGST framework is unsustain...
Document Identification Number defects can invalidate GST assessments, with delayed challenges entertained conditionally where patent irregularities e...
Windmill commissioning evidence supported higher depreciation where grid connection and electricity generation proved operational use before the relev...
Pharmaceutical promotion and transfer-pricing comparability principles limited disallowances, while uncorroborated search allegations and unsupported ...
Business expenditure substantiation supports scrap credits, statutory payments and expense claims, while depreciation requires proof of actual busines...
The amended exclusion from the interim moratorium applies to...
Retroactive interim-moratorium exclusion permits protective asset disclosure and preservation measures against personal guarantors pending arbitration.
Contents
Summary
Note
Bookmark
Share
✓ Copied successfully !
Print
Print Options
For full text, please login
Login to TaxTMI
Verification Pending
The Email Id has not been verified. Click on the link we have sent on
The amended exclusion from the interim moratorium applies to insolvency applications against personal guarantors that were filed before commencement and remained pending. The phrase "where an application is filed" covers existing pending applications; this is characterised as retroactive operation on a continuing status, rather than retrospective operation affecting vested rights. Accordingly, the interim moratorium ceased from the amendment's effective date and did not bar the petition. Pending arbitration, limited equitable protection may include asset disclosure and restraints on alienation or dissipation, even where an insolvency professional may access similar information. Such relief remains subject to commencement of arbitration and further arbitral directions.
The amended exclusion from the interim moratorium applies to insolvency applications against personal guarantors that were filed before commencement and remained pending. The phrase "where an application is filed" covers existing pending applications; this is characterised as retroactive operation on a continuing status, rather than retrospective operation affecting vested rights. Accordingly, the interim moratorium ceased from the amendment's effective date and did not bar the petition. Pending arbitration, limited equitable protection may include asset disclosure and restraints on alienation or dissipation, even where an insolvency professional may access similar information. Such relief remains subject to commencement of arbitration and further arbitral directions.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4784
Join Channel
TaxTMI 
