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    August 19, 2026   Case LawsIncome Tax
    Protective additions for seized jewellery require independent evidence once ownership is substantively assessed in another taxpayer's hands.
    August 19, 2026   Case LawsIncome Tax
    Anonymous donation classification fails where charitable trusts maintain undisputed donor identity records and evidence corpus contributions' intended...
    August 19, 2026   Case LawsIncome Tax
    Approved resolution plans bind tax authorities and extinguish pre-approval tax appeals where plan terms require withdrawal of proceedings.
    August 19, 2026   Case LawsIncome Tax
    Penalty immunity under Vivad Se Vishwas excludes independent tax-audit defaults; futures and options turnover requires factual verification.
    August 19, 2026   Case LawsIncome Tax
    Eligible company incorporation timing controls capital-gains exemption; later commencement of manufacturing cannot cure an earlier incorporation date.
    August 19, 2026   Case LawsIncome Tax
    Transfer pricing method selection favours TNMM where medical-equipment distribution involves substantial post-import value addition and operational ri...
    August 19, 2026   Case LawsCustoms
    Sufficient cause for customs appeal delay requires bona fide diligence throughout; prolonged unexplained inaction defeats condonation.
    August 19, 2026   Case LawsCustoms
    Fire-damaged vehicles treated as scrap cannot trigger import licensing confiscation, while vessel berthing alone is not unloading.
    August 19, 2026   Case LawsCustoms
    Post-export shipping bill conversion remains available where contemporaneous evidence supports EPCG benefits despite curable procedural omissions and ...
    August 19, 2026   Case LawsCustoms
    Delayed customs refund interest starts after the refund-application period, with an enhanced rate for prolonged Revenue inaction.
    August 19, 2026   Case LawsCustoms
    Special Additional Duty refund limitation cannot curtail substantive refund rights through subordinate legislation without statutory authority.
    August 19, 2026   Case LawsCustoms
    Toy parts classification permits concessional customs duty treatment where imported components lack the essential character of complete ride-on toys.
    August 19, 2026   Case LawsCustoms
    Customs transaction value rejection requires Rule 12 procedure despite importer consent to reassessment of imported scrap values.
    August 19, 2026   Case LawsCompanies Law
    Tribunal intervention in requisitioned meetings requires proven impracticability, despite independent statutory remedies for members to convene them.
    August 19, 2026   Case LawsIBC
    Committee of Creditors' commercial wisdom permits reconsideration and rejection of a resolution plan before adjudicatory approval.
    August 19, 2026   Case LawsIBC
    Earnest money forfeiture in liquidation schemes fails where the proponent withdraws after its proposal is not accepted.
    August 19, 2026   Case LawsMoney Laundering
    Money-laundering bail conditions prevailed where prima facie betting-account evidence, flight risk and progressing charges outweighed prolonged custod...
    August 19, 2026   Case LawsMoney Laundering
    Third-party property attachment requires proof of a money trail or equivalent-value liability, not alleged control alone.
    August 19, 2026   Case LawsMoney Laundering
    Interim release of frozen funds permitted for verified salaries and statutory dues, subject to safeguards protecting attached assets.
    August 19, 2026   Case LawsCentral Excise
    Interest on refundable revenue deposits runs from deposit date, while blanket enhanced interest awards require case-specific justification.
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    August 19, 2026   Case Laws Income Tax
    Protective additions for seized jewellery require independent evidence once ownership is substantively assessed in another taxpayer's hands.
    August 19, 2026   Case Laws Income Tax
    Anonymous donation classification fails where charitable trusts maintain undisputed donor identity records and evidence corpus contributions' intended purpose.
    August 19, 2026   Case Laws Income Tax
    Approved resolution plans bind tax authorities and extinguish pre-approval tax appeals where plan terms require withdrawal of proceedings.
    August 19, 2026   Case Laws Income Tax
    Penalty immunity under Vivad Se Vishwas excludes independent tax-audit defaults; futures and options turnover requires factual verification.
    August 19, 2026   Case Laws Income Tax
    Eligible company incorporation timing controls capital-gains exemption; later commencement of manufacturing cannot cure an earlier incorporation date.
    August 19, 2026   Case Laws Income Tax
    Transfer pricing method selection favours TNMM where medical-equipment distribution involves substantial post-import value addition and operational risk assumption.
    August 19, 2026   Case Laws Customs
    Sufficient cause for customs appeal delay requires bona fide diligence throughout; prolonged unexplained inaction defeats condonation.
    August 19, 2026   Case Laws Customs
    Fire-damaged vehicles treated as scrap cannot trigger import licensing confiscation, while vessel berthing alone is not unloading.
    August 19, 2026   Case Laws Customs
    Post-export shipping bill conversion remains available where contemporaneous evidence supports EPCG benefits despite curable procedural omissions and delayed requests.
    August 19, 2026   Case Laws Customs
    Delayed customs refund interest starts after the refund-application period, with an enhanced rate for prolonged Revenue inaction.
    August 19, 2026   Case Laws Customs
    Special Additional Duty refund limitation cannot curtail substantive refund rights through subordinate legislation without statutory authority.
    August 19, 2026   Case Laws Customs
    Toy parts classification permits concessional customs duty treatment where imported components lack the essential character of complete ride-on toys.
    August 19, 2026   Case Laws Customs
    Customs transaction value rejection requires Rule 12 procedure despite importer consent to reassessment of imported scrap values.
    August 19, 2026   Case Laws Companies Law
    Tribunal intervention in requisitioned meetings requires proven impracticability, despite independent statutory remedies for members to convene them.
    August 19, 2026   Case Laws IBC
    Committee of Creditors' commercial wisdom permits reconsideration and rejection of a resolution plan before adjudicatory approval.
    August 19, 2026   Case Laws IBC
    Earnest money forfeiture in liquidation schemes fails where the proponent withdraws after its proposal is not accepted.
    August 19, 2026   Case Laws Money Laundering
    Money-laundering bail conditions prevailed where prima facie betting-account evidence, flight risk and progressing charges outweighed prolonged custody.
    August 19, 2026   Case Laws Money Laundering
    Third-party property attachment requires proof of a money trail or equivalent-value liability, not alleged control alone.
    August 19, 2026   Case Laws Money Laundering
    Interim release of frozen funds permitted for verified salaries and statutory dues, subject to safeguards protecting attached assets.
    August 19, 2026   Case Laws Central Excise
    Interest on refundable revenue deposits runs from deposit date, while blanket enhanced interest awards require case-specific justification.

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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 BankruptcyMarch 14, 2023Case LawsAT
      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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