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    June 4, 2026   Case LawsIncome Tax
    Bank deposits as business turnover cannot be taxed again as unexplained income where presumptive profit was already offered.
    June 4, 2026   Case LawsIncome Tax
    Transfer pricing benchmarking must follow segmental profitability and FAR-comparable exporters, with the statutory tolerance band applied.
    June 4, 2026   Case LawsIncome Tax
    Capital gains computation must allow fair market value substitution and proper scrutiny of valuation claims before taxing sale proceeds.
    June 4, 2026   Case LawsIncome Tax
    Household withdrawals, unexplained creditors, and freight TDS disallowance were each tested on evidence and sustained or deleted accordingly.
    June 4, 2026   Case LawsIncome Tax
    Related-party slump loss and compensation receipts taxed as revenue while own-fund interest claims and section 14A relief were upheld
    June 4, 2026   Case LawsIncome Tax
    Typographical error in employer TAN may be corrected to secure TDS credit where substantive entitlement exists.
    June 4, 2026   Case LawsIncome Tax
    Cessation of liability under Section 41(1) fails where AOP funds are received personally and introduced as capital.
    June 4, 2026   Case LawsIncome Tax
    Technical misdescription of deduction provision cannot defeat genuine donation relief where payment to an approved institution is otherwise eligible.
    June 4, 2026   Case LawsIncome Tax
    Co-terminus appellate powers and mandatory reassessment notice govern remand and deletion of additions for lack of section 143(2) notice.
    June 4, 2026   Case LawsIncome Tax
    Revenue-neutral timing of interest deduction under mercantile accounting defeats disallowance of genuine business expenditure.
    June 4, 2026   Case LawsIncome Tax
    Section 10(46) exemption covers regulatory and incidental receipts; accounting as prior period income does not change exempt character.
    June 4, 2026   Case LawsIncome Tax
    Opening work-in-progress treated as prior-period investment cannot be taxed as unexplained investment in the current year.
    June 4, 2026   Case LawsIncome Tax
    Discretionary penalty under the Black Money Act cannot stand for bona fide non-disclosure of foreign ESOP shares already taxed
    June 4, 2026   Case LawsBenami Property
    Review order restoring appeals is not independently appealable where the Tribunal acts on reserved liberty and binding precedent.
    June 4, 2026   Case LawsBenami Property
    Benami transaction tracing through money trail sustained provisional attachment of a vehicle linked to land compensation funds.
    June 4, 2026   Case LawsCustoms
    SEZ procurement and diversion findings set aside after inadmissible statements, weak data reliance, and burden-of-proof errors.
    June 4, 2026   Case LawsCustoms
    Declared value for used garments needs reliable comparables; restricted second-hand imports without licence may still attract confiscation and moderat...
    June 4, 2026   Case LawsCustoms
    Concessional CVD for cement turns on intended retail sale, not printed RSP or packaging, while substituted valuation and extended limitation failed.
    June 4, 2026   Case LawsCustoms
    Proportionality in Customs Broker regulation: procedural lapse did not justify licence revocation, but penalty survived for poor compliance.
    June 4, 2026   Case LawsCustoms
    Preferential exemption and certificate of origin cannot be denied by unilateral recomputation of local value added content.
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    June 4, 2026   Case Laws Income Tax
    Bank deposits as business turnover cannot be taxed again as unexplained income where presumptive profit was already offered.
    June 4, 2026   Case Laws Income Tax
    Transfer pricing benchmarking must follow segmental profitability and FAR-comparable exporters, with the statutory tolerance band applied.
    June 4, 2026   Case Laws Income Tax
    Capital gains computation must allow fair market value substitution and proper scrutiny of valuation claims before taxing sale proceeds.
    June 4, 2026   Case Laws Income Tax
    Household withdrawals, unexplained creditors, and freight TDS disallowance were each tested on evidence and sustained or deleted accordingly.
    June 4, 2026   Case Laws Income Tax
    Related-party slump loss and compensation receipts taxed as revenue while own-fund interest claims and section 14A relief were upheld
    June 4, 2026   Case Laws Income Tax
    Typographical error in employer TAN may be corrected to secure TDS credit where substantive entitlement exists.
    June 4, 2026   Case Laws Income Tax
    Cessation of liability under Section 41(1) fails where AOP funds are received personally and introduced as capital.
    June 4, 2026   Case Laws Income Tax
    Technical misdescription of deduction provision cannot defeat genuine donation relief where payment to an approved institution is otherwise eligible.
    June 4, 2026   Case Laws Income Tax
    Co-terminus appellate powers and mandatory reassessment notice govern remand and deletion of additions for lack of section 143(2) notice.
    June 4, 2026   Case Laws Income Tax
    Revenue-neutral timing of interest deduction under mercantile accounting defeats disallowance of genuine business expenditure.
    June 4, 2026   Case Laws Income Tax
    Section 10(46) exemption covers regulatory and incidental receipts; accounting as prior period income does not change exempt character.
    June 4, 2026   Case Laws Income Tax
    Opening work-in-progress treated as prior-period investment cannot be taxed as unexplained investment in the current year.
    June 4, 2026   Case Laws Income Tax
    Discretionary penalty under the Black Money Act cannot stand for bona fide non-disclosure of foreign ESOP shares already taxed
    June 4, 2026   Case Laws Benami Property
    Review order restoring appeals is not independently appealable where the Tribunal acts on reserved liberty and binding precedent.
    June 4, 2026   Case Laws Benami Property
    Benami transaction tracing through money trail sustained provisional attachment of a vehicle linked to land compensation funds.
    June 4, 2026   Case Laws Customs
    SEZ procurement and diversion findings set aside after inadmissible statements, weak data reliance, and burden-of-proof errors.
    June 4, 2026   Case Laws Customs
    Declared value for used garments needs reliable comparables; restricted second-hand imports without licence may still attract confiscation and moderate penalties.
    June 4, 2026   Case Laws Customs
    Concessional CVD for cement turns on intended retail sale, not printed RSP or packaging, while substituted valuation and extended limitation failed.
    June 4, 2026   Case Laws Customs
    Proportionality in Customs Broker regulation: procedural lapse did not justify licence revocation, but penalty survived for poor compliance.
    June 4, 2026   Case Laws Customs
    Preferential exemption and certificate of origin cannot be denied by unilateral recomputation of local value added content.

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

      CIRP - scope of interim moratorium - application to...

      Interim Moratorium in CIRP: Section 96 Doesn't Shield Co-Guarantors' Debts; Each Guarantor's Obligations Remain Independent.

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      Insolvency and BankruptcyNovember 7, 2022Case LawsHC
      CIRP - scope of interim moratorium - application to co-guarantors - the effect of the interim moratorium is only in respect of the debts of a particular debtor. By no stretch of imagination can it be said to include other independent guarantors in respect of the same debt of a corporate debtor. Merely because an interim moratorium under Section 96 is operable in respect of one of the co-guarantors, the same would not apply to the other co-guarantor(s). - HC
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