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    July 25, 2026   Case LawsCustoms
    Deliberate customs undervaluation attracts separate partner liability despite post-detection duty payment, which may only mitigate penalty quantum.
    July 25, 2026   Case LawsCustoms
    Customs investigation deposit refunds remain available when departmental records verify payment and the underlying duty demand is set aside.
    July 25, 2026   Case LawsCustoms
    Late filing fees on supplementary Bills of Entry require assessment of sufficient cause and cannot be imposed mechanically.
    July 25, 2026   Case LawsCustoms
    Contemporaneous import values govern customs valuation, preventing unsupported declared-value enhancement and consequential confiscation or penalties.
    July 25, 2026   Case LawsCustoms
    Prospective exemption amendments cannot cure incomplete electric vehicle kit imports lacking components required under the earlier concessional-duty e...
    July 25, 2026   Case LawsCustoms
    Direct nexus requirement confines customs exemption to manufacturing inputs, excluding capital-goods spares used in PCB production.
    July 25, 2026   Case LawsCustoms
    Motor-vehicle parts classification governs dashboard display assemblies, excluding flat-panel display treatment and the related customs exemption.
    July 25, 2026   Case LawsCompanies Law
    Statutory transfer formalities invalidated alleged share and property transfers, while retrospective record manipulation constituted oppression and mi...
    July 25, 2026   Case LawsFEMA
    Inherent jurisdiction, mandatory FERA notice and speedy-trial protections required quashing of prolonged criminal proceedings.
    July 25, 2026   Case LawsMoney Laundering
    Anticipatory bail under PMLA remains available despite ineffective proclamation proceedings, subject to satisfaction of statutory twin conditions.
    July 25, 2026   Case LawsMoney Laundering
    Proceeds of crime require a proven scheduled-offence nexus; prolonged pre-trial detention may justify regular bail under PMLA.
    July 25, 2026   Case LawsMoney Laundering
    Money-laundering prosecution focuses on scheduled offences and proceeds of crime, while discharge requires only a prima facie case.
    July 25, 2026   Case LawsMoney Laundering
    Provisional attachment of laundered funds and equivalent-value property sustained, with statutory protection limited to pension, gratuity and providen...
    July 25, 2026   Case LawsMoney Laundering
    Equivalent-value property attachment extends to pre-existing assets when alleged crime proceeds cannot be traced or recovered.
    July 25, 2026   Case LawsService Tax
    Despatch money under FOB export contracts is a contractual incentive, not taxable consideration for port services without a service nexus.
    July 25, 2026   Case LawsIndian Laws
    Stamp duty on mining leases may rest on anticipated royalty where extraction value is indeterminate at execution.
    July 25, 2026   Case LawsIndian Laws
    Contractual GST reimbursement arbitration remains valid, but unsupported tax calculations may be severed and remitted for fresh determination.
    July 25, 2026   Case LawsIndian Laws
    Insolvency moratorium does not shield company officers from cheque dishonour prosecution for liability arising before corporate insolvency proceedings...
    July 24, 2026   CircularsSEBI
    Securities transmission framework introduces QTP, streamlined succession documents, standardised forms and time-bound processing for uncontested death...
    July 24, 2026   CircularsGST
    Centralised GST taxpayer administration is under review for entities sharing a PAN across multiple Central Tax GST registrations.
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    July 25, 2026   Case Laws Customs
    Deliberate customs undervaluation attracts separate partner liability despite post-detection duty payment, which may only mitigate penalty quantum.
    July 25, 2026   Case Laws Customs
    Customs investigation deposit refunds remain available when departmental records verify payment and the underlying duty demand is set aside.
    July 25, 2026   Case Laws Customs
    Late filing fees on supplementary Bills of Entry require assessment of sufficient cause and cannot be imposed mechanically.
    July 25, 2026   Case Laws Customs
    Contemporaneous import values govern customs valuation, preventing unsupported declared-value enhancement and consequential confiscation or penalties.
    July 25, 2026   Case Laws Customs
    Prospective exemption amendments cannot cure incomplete electric vehicle kit imports lacking components required under the earlier concessional-duty entry.
    July 25, 2026   Case Laws Customs
    Direct nexus requirement confines customs exemption to manufacturing inputs, excluding capital-goods spares used in PCB production.
    July 25, 2026   Case Laws Customs
    Motor-vehicle parts classification governs dashboard display assemblies, excluding flat-panel display treatment and the related customs exemption.
    July 25, 2026   Case Laws Companies Law
    Statutory transfer formalities invalidated alleged share and property transfers, while retrospective record manipulation constituted oppression and mismanagement.
    July 25, 2026   Case Laws FEMA
    Inherent jurisdiction, mandatory FERA notice and speedy-trial protections required quashing of prolonged criminal proceedings.
    July 25, 2026   Case Laws Money Laundering
    Anticipatory bail under PMLA remains available despite ineffective proclamation proceedings, subject to satisfaction of statutory twin conditions.
    July 25, 2026   Case Laws Money Laundering
    Proceeds of crime require a proven scheduled-offence nexus; prolonged pre-trial detention may justify regular bail under PMLA.
    July 25, 2026   Case Laws Money Laundering
    Money-laundering prosecution focuses on scheduled offences and proceeds of crime, while discharge requires only a prima facie case.
    July 25, 2026   Case Laws Money Laundering
    Provisional attachment of laundered funds and equivalent-value property sustained, with statutory protection limited to pension, gratuity and provident fund.
    July 25, 2026   Case Laws Money Laundering
    Equivalent-value property attachment extends to pre-existing assets when alleged crime proceeds cannot be traced or recovered.
    July 25, 2026   Case Laws Service Tax
    Despatch money under FOB export contracts is a contractual incentive, not taxable consideration for port services without a service nexus.
    July 25, 2026   Case Laws Indian Laws
    Stamp duty on mining leases may rest on anticipated royalty where extraction value is indeterminate at execution.
    July 25, 2026   Case Laws Indian Laws
    Contractual GST reimbursement arbitration remains valid, but unsupported tax calculations may be severed and remitted for fresh determination.
    July 25, 2026   Case Laws Indian Laws
    Insolvency moratorium does not shield company officers from cheque dishonour prosecution for liability arising before corporate insolvency proceedings.
    July 24, 2026   Circulars SEBI
    Securities transmission framework introduces QTP, streamlined succession documents, standardised forms and time-bound processing for uncontested death claims.
    July 24, 2026   Circulars GST
    Centralised GST taxpayer administration is under review for entities sharing a PAN across multiple Central Tax GST registrations.

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      Home› Highlights › Insolvency and Bankruptcy › 2020 › February, 2020 › This
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      Insolvency and Bankruptcy

      Status of corporate debtor claiming as MSME - CIRP proceedings -...

      Corporate Debtor Must File Memorandum Under MSME Act Section 8 to Claim CIRP Benefits; Section 29A Restrictions Apply.

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      Insolvency and BankruptcyFebruary 25, 2020Case LawsTri
      Status of corporate debtor claiming as MSME - CIRP proceedings - Persons not eligible to be Resolution Applicant u/s 29A - No doubt an option is given to micro or small enterprises or to the medium enterprises engaged in rendering of services. If the person who established the enterprises, is not exercised the option of filing the memorandum with the specified authority under sub-section (3) or (4) of section 8, then the person who is running the enterprises, is not entitled for the benefits under the MSME Act. - Tri
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