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    July 8, 2026   Case LawsIncome Tax
    Reassessment invalid for non-supply of relied-upon material, third-party papers, and time-barred reopening proceedings in reassessment.
    July 8, 2026   Case LawsIncome Tax
    Remand report acceptance bars notional interest and trade payable additions, with ad hoc expense disallowances deleted.
    July 8, 2026   Case LawsIncome Tax
    TDS credit cannot be denied for wrong-PAN deduction when tax was deducted and deposited on commission agent's behalf.
    July 8, 2026   Case LawsIncome Tax
    Transfer pricing comparables in market research services turn on functional similarity and DRP-compliance remand issues.
    July 8, 2026   Case LawsIncome Tax
    Public charitable trust taxation: absence of beneficiary shares does not justify maximum marginal rate; normal AOP rates apply.
    July 8, 2026   Case LawsIncome Tax
    Borrowed satisfaction and penny stock additions failed where share transactions were documented and no assessee-specific material existed
    July 8, 2026   Case LawsIncome Tax
    Share premium taxation turns on receipt year and excess over fair market value, with DCF valuation accepted.
    July 8, 2026   Case LawsCustoms
    Customs penalty moderation and official-capacity liability upheld where officer conduct was treated as factual, not legal, error.
    July 8, 2026   Case LawsCustoms
    Royalty includibility in customs valuation rejected where royalty was not a condition of sale of imported goods.
    July 8, 2026   Case LawsCustoms
    Retracted statements and unreliable panchnama evidence cannot sustain export diversion allegations when cross-examination is denied
    July 8, 2026   Case LawsCustoms
    Secure transit breach alone cannot sustain penalty for abetment without evidence of knowledge or collusion.
    July 8, 2026   Case LawsCustoms
    Limitation after initial seizure, lack of reason to believe, and failure of Section 123 defeated confiscation of gold.
    July 8, 2026   Case LawsCustoms
    EPCG exemption for second-hand textile machinery upheld; no vintage restriction could be read into the notification.
    July 8, 2026   Case LawsIBC
    Insolvency claims without decree: official assignee must verify proof, and pending suits stay with the forum.
    July 8, 2026   Case LawsMoney Laundering
    Custodial assault allegations during summons proceedings fail where no contemporaneous proof links injuries to alleged coercion
    July 8, 2026   Case LawsMoney Laundering
    PMLA provisional attachment fails without reason to believe; tribunal release order upheld on identical facts.
    July 8, 2026   Case LawsService Tax
    Limitation and suppression rules bar tax demand where intent to evade is unproven; electricity reimbursements are not service value.
    July 8, 2026   Case LawsService Tax
    Exemption for non-air-conditioned restaurant services survives where the establishment's air-conditioned section is separately identifiable and taxabl...
    July 8, 2026   Case LawsService Tax
    Works contract exemptions, limitation and reverse charge relief drive setting aside of service tax demands
    July 8, 2026   Case LawsVAT / Sales Tax
    Statutory first charge prevails over SARFAESI priority, and CST dues may be recovered through State machinery.
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    July 8, 2026   Case Laws Income Tax
    Reassessment invalid for non-supply of relied-upon material, third-party papers, and time-barred reopening proceedings in reassessment.
    July 8, 2026   Case Laws Income Tax
    Remand report acceptance bars notional interest and trade payable additions, with ad hoc expense disallowances deleted.
    July 8, 2026   Case Laws Income Tax
    TDS credit cannot be denied for wrong-PAN deduction when tax was deducted and deposited on commission agent's behalf.
    July 8, 2026   Case Laws Income Tax
    Transfer pricing comparables in market research services turn on functional similarity and DRP-compliance remand issues.
    July 8, 2026   Case Laws Income Tax
    Public charitable trust taxation: absence of beneficiary shares does not justify maximum marginal rate; normal AOP rates apply.
    July 8, 2026   Case Laws Income Tax
    Borrowed satisfaction and penny stock additions failed where share transactions were documented and no assessee-specific material existed
    July 8, 2026   Case Laws Income Tax
    Share premium taxation turns on receipt year and excess over fair market value, with DCF valuation accepted.
    July 8, 2026   Case Laws Customs
    Customs penalty moderation and official-capacity liability upheld where officer conduct was treated as factual, not legal, error.
    July 8, 2026   Case Laws Customs
    Royalty includibility in customs valuation rejected where royalty was not a condition of sale of imported goods.
    July 8, 2026   Case Laws Customs
    Retracted statements and unreliable panchnama evidence cannot sustain export diversion allegations when cross-examination is denied
    July 8, 2026   Case Laws Customs
    Secure transit breach alone cannot sustain penalty for abetment without evidence of knowledge or collusion.
    July 8, 2026   Case Laws Customs
    Limitation after initial seizure, lack of reason to believe, and failure of Section 123 defeated confiscation of gold.
    July 8, 2026   Case Laws Customs
    EPCG exemption for second-hand textile machinery upheld; no vintage restriction could be read into the notification.
    July 8, 2026   Case Laws IBC
    Insolvency claims without decree: official assignee must verify proof, and pending suits stay with the forum.
    July 8, 2026   Case Laws Money Laundering
    Custodial assault allegations during summons proceedings fail where no contemporaneous proof links injuries to alleged coercion
    July 8, 2026   Case Laws Money Laundering
    PMLA provisional attachment fails without reason to believe; tribunal release order upheld on identical facts.
    July 8, 2026   Case Laws Service Tax
    Limitation and suppression rules bar tax demand where intent to evade is unproven; electricity reimbursements are not service value.
    July 8, 2026   Case Laws Service Tax
    Exemption for non-air-conditioned restaurant services survives where the establishment's air-conditioned section is separately identifiable and taxable.
    July 8, 2026   Case Laws Service Tax
    Works contract exemptions, limitation and reverse charge relief drive setting aside of service tax demands
    July 8, 2026   Case Laws VAT / Sales Tax
    Statutory first charge prevails over SARFAESI priority, and CST dues may be recovered through State machinery.

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      Home› Highlights › Insolvency and Bankruptcy › 2021 › May, 2021 › This
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      Insolvency and Bankruptcy

      Initiation of CIRP - Operational Creditors - existence of debt...

      Operational Creditors' Petition Denied u/s 9 IBC: CIRP Not for Disputed Debt Recovery Against Profitable Business.

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      Insolvency and BankruptcyMay 19, 2021Case LawsTri
      Initiation of CIRP - Operational Creditors - existence of debt and dispute or not - This petition has been filed to recover disputed debt, which is not the object of the Code, treating this AA as a debt recovery forum. An undisputed debt is a sine qua non for an application filed u/s. 9 of the Code. Allowing such a petition against a profit-making viable unit would defeat the purpose of the Code - Tri
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