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    October 15, 2026   Case Laws Income Tax
    Extinguishment of pre-CIRP tax claims can prevent pending income-tax appeals where claims were excluded from insolvency proceedings.
    October 15, 2026   Case Laws Customs
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    October 15, 2026   Case Laws Income Tax
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    October 15, 2026   Case Laws GST
    Anticipatory bail for alleged GST fund misappropriation and forged payment records was denied due to the conduct's seriousness.
    October 15, 2026   Case Laws GST
    Quasi-judicial disposal of GST appeals requires hearing and reasoned orders, barring mechanical rejection through system-generated acknowledgements.
    October 15, 2026   Case Laws GST
    Statutory limits on GST appeal delays remain binding, but restored registrations left departmental challenges without effective relief.
    October 15, 2026   Case Laws Income Tax
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October 15, 2026   Case Laws Income Tax
Extinguishment of pre-CIRP tax claims can prevent pending income-tax appeals where claims were excluded from insolvency proceedings.
October 15, 2026   Case Laws Customs
Customs classification disputes bypass High Court appeals and must be challenged before the Supreme Court under the statutory appellate route.
October 15, 2026   Case Laws IBC
Insolvency appeal limitation begins on order pronouncement; delayed certified-copy applications cannot extend the absolute filing deadline.
October 15, 2026   Case Laws Money Laundering
Constitutional personal-liberty safeguards limit PMLA twin bail conditions where completed investigations lead to prolonged incarceration before trial.
October 15, 2026   Case Laws Money Laundering
Predicate FIR compromise quashing does not erase proceeds of crime, leaving statutory money-laundering bail standards fully applicable.
October 15, 2026   Case Laws Income Tax
Revisional jurisdiction limits prevent fresh tax claims based on facts not before the Assessing Officer after revised-return deadlines expire.
October 15, 2026   Case Laws Income Tax
Faceless reassessment allocation invalidates jurisdictional officer notices, while retrospective validation cannot override judicial rulings without curing statutory defects.
October 15, 2026   Case Laws Income Tax
Automated airline software subscriptions without human intervention fail technical-services characterisation and do not make available underlying technology.
October 15, 2026   Case Laws Income Tax
Best-judgment profit estimation requires a rational basis in past history or comparable businesses, requiring fresh determination when unsupported.
October 15, 2026   Case Laws Income Tax
Business support recruitment and training receipts qualify for presumptive business taxation, not professional taxation under technical consultancy rules.
October 15, 2026   Case Laws Income Tax
Treaty exemption for foreign permanent-establishment management fees prevailed, while dividend expense disallowance remained limited to an accepted allocation method.
October 15, 2026   Case Laws Money Laundering
Section 50 Statements Support Provisional Attachment of Land Linked to Narcotics Proceeds of Crime Under PMLA
October 15, 2026   Case Laws GST
Anticipatory bail for alleged GST fund misappropriation and forged payment records was denied due to the conduct's seriousness.
October 15, 2026   Case Laws GST
Quasi-judicial disposal of GST appeals requires hearing and reasoned orders, barring mechanical rejection through system-generated acknowledgements.
October 15, 2026   Case Laws GST
Statutory limits on GST appeal delays remain binding, but restored registrations left departmental challenges without effective relief.
October 15, 2026   Case Laws Income Tax
Self-generated trademark sale proceeds escape capital gains where acquisition cost remains unascertainable, defeating related concealment penalty.
October 15, 2026   Case Laws Income Tax
Foreign contribution registration requires truthful religious-status disclosure and creates no vested right to receive funds.
October 15, 2026   Case Laws Income Tax
Centralised assessment transfers: participation after requesting centralisation can bar technical jurisdictional challenges, while assessment disputes require statutory appeal.
October 15, 2026   Case Laws Income Tax
Settlement immunity limits do not prevent inherent powers from quashing abusive post-settlement tax-search prosecutions where appropriate.
October 15, 2026   Case Laws Income Tax
Binding precedent remains operative despite pending challenge, supporting deletion of interest disallowance when debt is converted into preference shares.

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Home › Highlights › Insolvency and Bankruptcy › 2019 › October, 2019 › This
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Insolvency and Bankruptcy

Maintainability of application - initiation of CIRP - the entire...

CIRP application valid; CIRP distinct from winding-up. IBC overrides Tea Act u/s 238 for conflict resolution.

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Insolvency and Bankruptcy October 9, 2019 Case Laws SC
Maintainability of application - initiation of CIRP - the entire “corporate insolvency resolution process” as such cannot be equated with “winding up proceedings” - considering Section 238 of the IBC, which is a subsequent Act to the Tea Act, 1953, shall be applicable and the provisions of the IBC shall have an overriding effect over the Tea Act, 1953. Any other view would frustrate the object and purpose of the IBC.
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