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    August 22, 2026   Case Laws GST
    Psyllium seed classification under Heading 1211 makes dried, godown-stored supplies taxable and excludes fresh-seed GST exemption.
    August 22, 2026   Case Laws Income Tax
    Specificity of penalty charge is mandatory: notices retaining both section 271(1)(c) limbs cannot sustain penalty proceedings.
    August 22, 2026   Case Laws Income Tax
    Pre-reassessment procedural safeguards permit prima facie review without oral hearing, but require meaningful hearing during reassessment proceedings.
    August 22, 2026   Case Laws Income Tax
    Subletting charges required under a lease reduce rental income before the standard house-property deduction is applied.
    August 22, 2026   Case Laws Income Tax
    Cash receipts for immovable property transfers fall under specified sum rules, but penalty fails for the wrong assessment year.
    August 22, 2026   Case Laws Income Tax
    Section 87A rebate remains available against short-term capital gains tax under the concessional tax regime.
    August 22, 2026   Case Laws Income Tax
    Agricultural income from date sales remains exempt when yield and expenditure estimates lack contrary evidentiary support.
    August 22, 2026   Case Laws Income Tax
    Section 115BBE requires income to fall within deeming provisions; survey surrender alone attracts taxation at normal rates.
    August 22, 2026   Case Laws Income Tax
    Donor-directed corpus contributions retain capital character despite exemption claims under section 10(23C)(vi), preventing their treatment as taxable...
    August 22, 2026   Case Laws Income Tax
    Enhanced tax-audit threshold applies where banking records establish compliant non-cash receipts and payments, eliminating penalty exposure for audit ...
    August 22, 2026   Case Laws Income Tax
    Transfer pricing consistency protects identical non-interest-bearing debenture terms from a later notional-interest adjustment without valid statutory...
    August 22, 2026   Case Laws Income Tax
    Rectification of debatable deduction claims cannot reverse scrutiny-approved co-operative society interest income deductions as apparent record errors...
    August 22, 2026   Case Laws Income Tax
    Sub-contract cost deductions allowed where contractual arrangements showed the assessee bore transportation, labour cess and copy charges.
    August 22, 2026   Case Laws Income Tax
    Cash-method accounting bars presumptive interest taxation, while unsupported securities and share-trading additions require reliable material and veri...
    August 22, 2026   Case Laws Income Tax
    Head office expenditure rules restrict full deduction of overseas NRI Desk costs as direct business expenditure.
    August 22, 2026   Case Laws Income Tax
    Offshore principal-to-principal sales avoid Indian taxation where no business connection or fixed place or agency permanent establishment exists.
    August 22, 2026   Case Laws Benami Property
    Owner knowledge of share allotment and buy-back defeats benami classification and prevents confirmation of provisional attachment.
    August 22, 2026   Case Laws Customs
    Retrospective Foreign Trade Policy amendments cannot extinguish accrued SEIS benefits for eligible services rendered under the operative scheme.
    August 22, 2026   Case Laws Customs
    Redemption of confiscated foreign currency requires case-specific discretion, with release available on lawful payment of redemption fine.
    August 22, 2026   Case Laws Customs
    Aluminium hollow profile classification follows imported condition, preserving Solar PV Module end-use exemption where certified procedures are met.
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August 22, 2026   Case Laws GST
Psyllium seed classification under Heading 1211 makes dried, godown-stored supplies taxable and excludes fresh-seed GST exemption.
August 22, 2026   Case Laws Income Tax
Specificity of penalty charge is mandatory: notices retaining both section 271(1)(c) limbs cannot sustain penalty proceedings.
August 22, 2026   Case Laws Income Tax
Pre-reassessment procedural safeguards permit prima facie review without oral hearing, but require meaningful hearing during reassessment proceedings.
August 22, 2026   Case Laws Income Tax
Subletting charges required under a lease reduce rental income before the standard house-property deduction is applied.
August 22, 2026   Case Laws Income Tax
Cash receipts for immovable property transfers fall under specified sum rules, but penalty fails for the wrong assessment year.
August 22, 2026   Case Laws Income Tax
Section 87A rebate remains available against short-term capital gains tax under the concessional tax regime.
August 22, 2026   Case Laws Income Tax
Agricultural income from date sales remains exempt when yield and expenditure estimates lack contrary evidentiary support.
August 22, 2026   Case Laws Income Tax
Section 115BBE requires income to fall within deeming provisions; survey surrender alone attracts taxation at normal rates.
August 22, 2026   Case Laws Income Tax
Donor-directed corpus contributions retain capital character despite exemption claims under section 10(23C)(vi), preventing their treatment as taxable revenue.
August 22, 2026   Case Laws Income Tax
Enhanced tax-audit threshold applies where banking records establish compliant non-cash receipts and payments, eliminating penalty exposure for audit failure.
August 22, 2026   Case Laws Income Tax
Transfer pricing consistency protects identical non-interest-bearing debenture terms from a later notional-interest adjustment without valid statutory proceedings.
August 22, 2026   Case Laws Income Tax
Rectification of debatable deduction claims cannot reverse scrutiny-approved co-operative society interest income deductions as apparent record errors.
August 22, 2026   Case Laws Income Tax
Sub-contract cost deductions allowed where contractual arrangements showed the assessee bore transportation, labour cess and copy charges.
August 22, 2026   Case Laws Income Tax
Cash-method accounting bars presumptive interest taxation, while unsupported securities and share-trading additions require reliable material and verification.
August 22, 2026   Case Laws Income Tax
Head office expenditure rules restrict full deduction of overseas NRI Desk costs as direct business expenditure.
August 22, 2026   Case Laws Income Tax
Offshore principal-to-principal sales avoid Indian taxation where no business connection or fixed place or agency permanent establishment exists.
August 22, 2026   Case Laws Benami Property
Owner knowledge of share allotment and buy-back defeats benami classification and prevents confirmation of provisional attachment.
August 22, 2026   Case Laws Customs
Retrospective Foreign Trade Policy amendments cannot extinguish accrued SEIS benefits for eligible services rendered under the operative scheme.
August 22, 2026   Case Laws Customs
Redemption of confiscated foreign currency requires case-specific discretion, with release available on lawful payment of redemption fine.
August 22, 2026   Case Laws Customs
Aluminium hollow profile classification follows imported condition, preserving Solar PV Module end-use exemption where certified procedures are met.

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

Initiation of CIRP - Assignment of debt during pendency of the...

Debt Assignment Doesn't Halt CIRP Under IBC; Assignee Recognized as Financial Creditor Per Section 5(7).

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Insolvency and Bankruptcy December 16, 2022 Case Laws AT
Initiation of CIRP - Assignment of debt during pendency of the proceeding u/s 7 - there is no prohibition in the IBC or any of the Regulations from continuing the proceeding by an assignee. Section 5(7) of the IBC which defines ‘Financial Creditor’ also includes a person to whom such debt has been legally assigned or transferred to. By virtue of assignment, Respondent No.1 become the Financial Creditor and having stepped in the shoes of ‘Housing Development Finance Corporation Limited’, it has every right to continue the proceeding which was initiated by Respondent No.2. - AT
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