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    July 22, 2026   Case Laws IBC
    Pre-existing operational debt disputes require genuine evidence, while undirected running-account payments may be appropriated on a first-in-first-out...
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    Composite inpatient healthcare supply may retain exemption despite MRP medicine billing, while separate taxable sale characterisation remains disputed...
    July 21, 2026   Case Laws GST
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    July 21, 2026   Case Laws GST
    State GST officers' IGST enforcement powers extend to confiscation, with challenges routed through the State statutory appeal mechanism.
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    July 21, 2026   Case Laws Income Tax
    Rectification jurisdiction permits only correction of apparent record errors, not recall or reconsideration of a detailed merits order.
    July 21, 2026   Case Laws Income Tax
    Residential property investment under Section 54F remains eligible despite delayed completion, possession or registration beyond the taxpayer's contro...
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July 22, 2026   Case Laws IBC
Pre-existing operational debt disputes require genuine evidence, while undirected running-account payments may be appropriated on a first-in-first-out basis.
July 22, 2026   Case Laws Service Tax
Agency in CNG distribution makes outlet operators commission agents, rendering taxable Business Auxiliary Service rather than purchasing goods for resale.
July 21, 2026   Notifications Income Tax
Zero coupon bond status granted to the infrastructure financing bank's ten-year bond, subject to statutory and regulatory conditions.
July 21, 2026   Circulars DGFT
Tariff rate quota applications open for eligible new completely built vehicles imported under the India-United Kingdom trade agreement.
July 21, 2026   Circulars DGFT
Low-value export consignments may receive RCMC exemption, easing access to FTP authorisations, benefits and concessions for eligible exporters.
July 21, 2026   Case Laws GST
Redemption fine under the Sabka Vishwas Scheme cannot independently disqualify a declaration from eligibility and merits consideration.
July 21, 2026   Case Laws GST
Regular bail in alleged fake-invoice tax credit fraud followed secured evidence and absence of prospects for early trial.
July 21, 2026   Case Laws GST
Anticipatory bail in alleged fraudulent input tax credit cases requires demonstrated necessity for arrest and custodial interrogation.
July 21, 2026   Case Laws GST
Negative blocking of input tax credit under Rule 86A is impermissible where it restricts future ledger credits.
July 21, 2026   Case Laws GST
Composite inpatient healthcare supply may retain exemption despite MRP medicine billing, while separate taxable sale characterisation remains disputed.
July 21, 2026   Case Laws GST
Clarificatory duty drawback circulars operate retrospectively, preserving merchant exporters' existing entitlement and supporting refund interest after unlawful recovery.
July 21, 2026   Case Laws GST
State GST officers' IGST enforcement powers extend to confiscation, with challenges routed through the State statutory appeal mechanism.
July 21, 2026   Case Laws GST
University affiliation fees are described as non-taxable regulatory functions, alternatively protected by the educational-services GST exemption.
July 21, 2026   Case Laws GST
Wrong-head integrated tax payment requires statutory adjustment before intra-State tax, interest, or penalty liability is determined afresh.
July 21, 2026   Case Laws GST
Restaurant service classification excludes hookah flavours consumed by inhalation, notwithstanding accompanying food, beverages and attendant restaurant facilities.
July 21, 2026   Case Laws Income Tax
Rectification jurisdiction permits only correction of apparent record errors, not recall or reconsideration of a detailed merits order.
July 21, 2026   Case Laws Income Tax
Residential property investment under Section 54F remains eligible despite delayed completion, possession or registration beyond the taxpayer's control.
July 21, 2026   Case Laws Income Tax
Royalty benchmarking under TNMM prevails where domestic rates lack reliable comparability for export transactions and technical know-how use.
July 21, 2026   Case Laws Income Tax
Working-capital adjustment determines whether software-services transfer-pricing margins fall within the statutory tolerance range, eliminating any adjustment.
July 21, 2026   Case Laws Income Tax
Permanent establishment deductions upheld for expatriate salaries, direct costs and trading losses, while head-office costs require fresh classification.

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Home › Highlights › Insolvency and Bankruptcy › 2022 › February, 2022 › This
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Insolvency and Bankruptcy

Initiation of CIRP - The I&B Code, 2016 is not a ‘Debt E...

IBC 2016: Operational Creditor's Application Inadmissible if Debt is Disputed; Seek Civil Court for Triable Issues.

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Insolvency and Bankruptcy February 11, 2022 Case Laws AT
Initiation of CIRP - The I&B Code, 2016 is not a ‘Debt Enforcement Procedure’. The application of an ‘operational creditor’ is not maintainable, if the ‘Corporate Debtor’ has a dispute about its outstanding/debt. The ‘dispute’ is to be seen by the ‘Adjudicating Authority’ as one based on tenable substantial grounds. In this connection, it is relevantly pointed out that if there is a ‘dispute’ about the debt, then, it is for the ‘applicant’ to approach the competent Civil Court to decide the triable issues. In short, the ‘Adjudicating Authority/Appellate Tribunal’ is not to be utilised as a ‘Debt Collecting Agent’. - AT
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Acts Income Tax
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