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    July 30, 2026   Case Laws Income Tax
    Marketing expenditure substantiation may justify limited disallowance, but does not alone establish income misreporting for penalty purposes.
    July 30, 2026   Case Laws Income Tax
    Dealing-error and squared-off derivative losses qualify as allowable business losses when supported by contemporaneous transaction records.
    July 30, 2026   Case Laws Customs
    Prohibited versus restricted imports: provisional release remains available where tyre classification and compliance conditions await adjudication.
    July 30, 2026   Case Laws Customs
    RoDTEP duty credit for authorised restricted sugar exports cannot be denied where prescribed governmental conditions are fulfilled.
    July 30, 2026   Case Laws Customs
    Transaction value cannot be rejected solely on non-statutory valuation guidelines without corroborative evidence supporting reassessment of final cust...
    July 30, 2026   Case Laws Customs
    Cross-examination rights and corroborated evidence limit customs penalties for misdeclaration in genuine import transactions involving documented clea...
    July 30, 2026   Case Laws Customs
    Tariff classification of vehicle gear components follows the specific gearing entry, displacing motor-vehicle parts classification and related liabili...
    July 30, 2026   Case Laws Customs
    Baggage confiscation orders are outside Tribunal appeal jurisdiction and must be challenged through the statutory revision remedy.
    July 30, 2026   Case Laws Customs
    Customs penalty for unsubstantiated dealings in confiscated cigarettes was sustained, while an excessive penalty quantum was reduced.
    July 30, 2026   Case Laws Customs
    Warehousing-period extension requires reasoned quasi-judicial adjudication, with notice and hearing before any denial takes effect.
    July 30, 2026   Case Laws Companies Law
    Threshold FIR quashing requires prima facie review, leaving alleged forged loan-security documents and parallel prosecution to investigation.
    July 30, 2026   Case Laws Companies Law
    Territorial jurisdiction follows contractual performance, while expired letters of credit do not extinguish underlying export-sale obligations.
    July 30, 2026   Case Laws Companies Law
    Necessary-party requirements limit impleadment of independent entities, while deferred consideration does not create an appealable adverse determinati...
    July 30, 2026   Case Laws FEMA
    Penalty discretion under FEMA remains intact where a reasoned order is supported by evidence and inadequacy is unproven.
    July 30, 2026   Case Laws Money Laundering
    Pre-cognizance hearing under BNSS applies to PMLA complaints, requiring proposed accused to be heard before cognizance is taken.
    July 30, 2026   Case Laws Money Laundering
    Proceeds of crime are foundational to money-laundering proceedings, which cannot continue after final discharge in the scheduled offence.
    July 30, 2026   Case Laws Service Tax
    Licensing pre-existing know-how is not consulting engineer service, and pre-section 66A reverse-charge demands fail without statutory authority.
    July 30, 2026   Case Laws VAT / Sales Tax
    Food supplement classification requires common parlance and authoritative tests, preventing treatment as proprietary Ayurvedic medicines without suppo...
    July 30, 2026   Case Laws VAT / Sales Tax
    Director liability for company tax dues requires statutory inquiry, with the Director proving absence of negligence or misconduct.
    July 29, 2026   Notifications SEZ
    SEZ bifurcation and partial de-notification restructure the Manikonda technology zone into two separately delineated IT-enabled services areas.
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July 30, 2026   Case Laws Income Tax
Marketing expenditure substantiation may justify limited disallowance, but does not alone establish income misreporting for penalty purposes.
July 30, 2026   Case Laws Income Tax
Dealing-error and squared-off derivative losses qualify as allowable business losses when supported by contemporaneous transaction records.
July 30, 2026   Case Laws Customs
Prohibited versus restricted imports: provisional release remains available where tyre classification and compliance conditions await adjudication.
July 30, 2026   Case Laws Customs
RoDTEP duty credit for authorised restricted sugar exports cannot be denied where prescribed governmental conditions are fulfilled.
July 30, 2026   Case Laws Customs
Transaction value cannot be rejected solely on non-statutory valuation guidelines without corroborative evidence supporting reassessment of final customs assessments.
July 30, 2026   Case Laws Customs
Cross-examination rights and corroborated evidence limit customs penalties for misdeclaration in genuine import transactions involving documented clearance filings.
July 30, 2026   Case Laws Customs
Tariff classification of vehicle gear components follows the specific gearing entry, displacing motor-vehicle parts classification and related liabilities.
July 30, 2026   Case Laws Customs
Baggage confiscation orders are outside Tribunal appeal jurisdiction and must be challenged through the statutory revision remedy.
July 30, 2026   Case Laws Customs
Customs penalty for unsubstantiated dealings in confiscated cigarettes was sustained, while an excessive penalty quantum was reduced.
July 30, 2026   Case Laws Customs
Warehousing-period extension requires reasoned quasi-judicial adjudication, with notice and hearing before any denial takes effect.
July 30, 2026   Case Laws Companies Law
Threshold FIR quashing requires prima facie review, leaving alleged forged loan-security documents and parallel prosecution to investigation.
July 30, 2026   Case Laws Companies Law
Territorial jurisdiction follows contractual performance, while expired letters of credit do not extinguish underlying export-sale obligations.
July 30, 2026   Case Laws Companies Law
Necessary-party requirements limit impleadment of independent entities, while deferred consideration does not create an appealable adverse determination.
July 30, 2026   Case Laws FEMA
Penalty discretion under FEMA remains intact where a reasoned order is supported by evidence and inadequacy is unproven.
July 30, 2026   Case Laws Money Laundering
Pre-cognizance hearing under BNSS applies to PMLA complaints, requiring proposed accused to be heard before cognizance is taken.
July 30, 2026   Case Laws Money Laundering
Proceeds of crime are foundational to money-laundering proceedings, which cannot continue after final discharge in the scheduled offence.
July 30, 2026   Case Laws Service Tax
Licensing pre-existing know-how is not consulting engineer service, and pre-section 66A reverse-charge demands fail without statutory authority.
July 30, 2026   Case Laws VAT / Sales Tax
Food supplement classification requires common parlance and authoritative tests, preventing treatment as proprietary Ayurvedic medicines without supporting evidence.
July 30, 2026   Case Laws VAT / Sales Tax
Director liability for company tax dues requires statutory inquiry, with the Director proving absence of negligence or misconduct.
July 29, 2026   Notifications SEZ
SEZ bifurcation and partial de-notification restructure the Manikonda technology zone into two separately delineated IT-enabled services areas.

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Home › Highlights › Insolvency and Bankruptcy › 2023 › February, 2023 › This
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Insolvency and Bankruptcy

The creditors of the Personal Guarantors who are unable to file...

Section 96: Creditors of Personal Guarantors Can Exclude Moratorium Period from Limitation Period for Filing Applications.

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Insolvency and Bankruptcy February 8, 2023 Case Laws AT
The creditors of the Personal Guarantors who are unable to file an application due to enforcement of moratorium under Section 96 can very well avail the benefit of period during which moratorium continues, hence, due to interim moratorium enforced by Section 96, the creditors like Central Bank of India and other creditors are in no manner prejudiced. If they have not filed any application during moratorium period, they have every right to file application and for computation of the period of limitation, period during which moratorium is in place is to be excluded - AT
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