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    June 24, 2026   Case Laws Companies Law
    Registrar's scrutiny is ministerial, and maintainability of a company petition must be decided by the Bench.
    June 24, 2026   Case Laws IBC
    Personal guarantor liability survives without a separate guarantee deed when loan documents establish surety status
    June 24, 2026   Case Laws Indian Laws
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    Delay Condonation and BSNL VRS Exemption: fresh claim allowed and compensation treated as retrenchment compensation
    June 23, 2026   Case Laws Income Tax
    Independent personal services under India-Germany DTAA prevail over fees for technical services; receipts not taxable in India
    June 23, 2026   Case Laws Customs
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    June 23, 2026   Case Laws FEMA
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    Composite show cause notices covering multiple assessment years are unsustainable; separate notices and limitation exclusion follow.
    June 23, 2026   Case Laws Income Tax
    Advertising contract classification for Google AdWords payments prevailed over technical services treatment, so Section 194C TDS applied.
    June 23, 2026   Case Laws Income Tax
    Cost-to-cost reimbursements and LIBOR-based receivables interest were accepted, with withholding and transfer pricing additions deleted.
    June 23, 2026   Case Laws Income Tax
    Discounted cash flow share premium valuation and no-exempt-income rule: additions deleted, with prospective amendment held inapplicable
    June 23, 2026   Case Laws Income Tax
    Territorial jurisdiction of Assessing Officer: notice by a non-jurisdictional officer held invalid, assessments quashed.
    June 23, 2026   Case Laws Income Tax
    Adequate enquiry bars revision under section 263 where trust advance to a specified person was examined
    June 23, 2026   Case Laws Income Tax
    Cross-examination and corroboration defeat penalty for alleged cash loan based only on third-party statements and loose papers.
    June 23, 2026   Case Laws Income Tax
    Under-reporting penalty and 14A disallowance deleted where the notice was wrongly framed and no exempt income existed
    June 23, 2026   Case Laws Income Tax
    Fair market value under section 50C must reflect existing property condition, not hypothetical development, and statutory valuation steps must be foll...
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June 24, 2026   Case Laws Companies Law
Registrar's scrutiny is ministerial, and maintainability of a company petition must be decided by the Bench.
June 24, 2026   Case Laws IBC
Personal guarantor liability survives without a separate guarantee deed when loan documents establish surety status
June 24, 2026   Case Laws Indian Laws
Cheque dishonour claims require valid drawer notice and proof of loan capacity before presumptions can sustain conviction
June 24, 2026   Case Laws Indian Laws
Fabricated business arrangement evidence defeats cheque defence, and statutory presumption under Section 138 is restored after acquittal set aside
June 23, 2026   Notifications FEMA
SNRR account rules expanded to cover IFSC branches, transfer pathways, and purpose-based non-resident transactions.
June 23, 2026   Circulars GST - States
Haryana GST adds postal intimation for show cause notices and demand orders while deeming portal service as receipt.
June 23, 2026   Case Laws GST
Manufacture test under GST classification keeps lightly processed tobacco in unmanufactured category, cancelling reclassification and demand
June 23, 2026   Case Laws Income Tax
Delay Condonation and BSNL VRS Exemption: fresh claim allowed and compensation treated as retrenchment compensation
June 23, 2026   Case Laws Income Tax
Independent personal services under India-Germany DTAA prevail over fees for technical services; receipts not taxable in India
June 23, 2026   Case Laws Customs
Residual penalty under Customs law cannot replace specific broker regulations, and penalty for alleged breach was set aside.
June 23, 2026   Case Laws FEMA
FERA show-cause notices after repeal were quashed for lack of jurisdiction under the FEMA savings scheme
June 23, 2026   Case Laws GST
Composite show cause notices covering multiple assessment years are unsustainable; separate notices and limitation exclusion follow.
June 23, 2026   Case Laws Income Tax
Advertising contract classification for Google AdWords payments prevailed over technical services treatment, so Section 194C TDS applied.
June 23, 2026   Case Laws Income Tax
Cost-to-cost reimbursements and LIBOR-based receivables interest were accepted, with withholding and transfer pricing additions deleted.
June 23, 2026   Case Laws Income Tax
Discounted cash flow share premium valuation and no-exempt-income rule: additions deleted, with prospective amendment held inapplicable
June 23, 2026   Case Laws Income Tax
Territorial jurisdiction of Assessing Officer: notice by a non-jurisdictional officer held invalid, assessments quashed.
June 23, 2026   Case Laws Income Tax
Adequate enquiry bars revision under section 263 where trust advance to a specified person was examined
June 23, 2026   Case Laws Income Tax
Cross-examination and corroboration defeat penalty for alleged cash loan based only on third-party statements and loose papers.
June 23, 2026   Case Laws Income Tax
Under-reporting penalty and 14A disallowance deleted where the notice was wrongly framed and no exempt income existed
June 23, 2026   Case Laws Income Tax
Fair market value under section 50C must reflect existing property condition, not hypothetical development, and statutory valuation steps must be followed.

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

Initiation of CIRP - existence of debt and dispute or not - In...

CIRP Cannot Be Initiated u/s 9 of IBC Due to Genuine Dispute Over Operational Debt.

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Insolvency and Bankruptcy March 14, 2023 Case Laws AT
Initiation of CIRP - existence of debt and dispute or not - In the present factual matrix, the defence raised by the Corporate Debtor cannot be held to be moonshine, spurious, hypothetical or illusory. For such disputed operational debt, Section 9 proceeding under IBC cannot be initiated at the instance of the Operational Creditor. - AT
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Acts Income Tax
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