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    August 21, 2026   Case Laws GST
    Regular bail in alleged excise-duty evasion refused due to pending investigation and risk of influencing evidence.
    August 21, 2026   Case Laws GST
    Regular bail in pending GST evasion investigation declined due to alleged unaccounted stock, undocumented purchases, and offence gravity.
    August 21, 2026   Case Laws GST
    Reasonable apprehension of arrest is essential for pre-arrest bail; a CGST summons alone does not establish it.
    August 21, 2026   Case Laws GST
    Valid GST service requires acknowledgment or response; portal-only uploads do not trigger appeal limitation or sustain ex parte adjudication.
    August 21, 2026   Case Laws GST
    Bill-to ship-to export refunds survive toll-data objections when undisputed transport and export records prove physical movement.
    August 21, 2026   Case Laws GST
    Excess ITC reversal through DRC-03 remains valid despite blank reasons column, while interest and penalty waiver may apply.
    August 21, 2026   Case Laws Income Tax
    Belated Form 10B filing during Covid-19 cannot defeat charitable exemption where genuine hardship warrants condonation and substantial justice prevail...
    August 21, 2026   Case Laws Income Tax
    Non-resident share premium remains capital receipt; reassessment cannot shift from alleged share sale to uncommunicated genuineness objections.
    August 21, 2026   Case Laws Income Tax
    Section 54 residential-house investment fulfilled the substantive exemption condition despite non-deposit under the Capital Gains Account Scheme.
    August 21, 2026   Case Laws Income Tax
    Consequential assessment orders allowing verified purchases bind the Department, making challenges to purchase disallowances infructuous after remand.
    August 21, 2026   Case Laws Income Tax
    Debatable PF/ESI contribution claims cannot face summary adjustment; exempt-income disallowance is limited to income-yielding investments.
    August 21, 2026   Case Laws Income Tax
    Rejection of audited books requires specific accounting defects; fixed-rate profit estimation on pass-through reimbursements was rejected.
    August 21, 2026   Case Laws Income Tax
    Transferred TDS credit after amalgamation carries full refund interest where income is assessed in the amalgamated entity's hands.
    August 21, 2026   Case Laws Income Tax
    Limitation for consequential assessments runs from prescribed authority receipt, while verified purchases cannot be disallowed merely for unanswered s...
    August 21, 2026   Case Laws Income Tax
    Higher depreciation for qualifying commercial vehicles, exempt-income disallowance, research deduction verification, and club-expense treatment clarif...
    August 21, 2026   Case Laws Income Tax
    Leave fare concession TDS during judicial restraint does not trigger employer default consequences for foreign-leg travel payments.
    August 21, 2026   Case Laws Income Tax
    Treaty exemption for foreign salary requires residency and tax-payment verification before relief is granted on merits.
    August 21, 2026   Case Laws Income Tax
    Misreporting penalty requires a specific statutory charge; adopting one of divergent legal views cannot itself constitute misreporting.
    August 21, 2026   Case Laws Income Tax
    Reassessment on specific investigation information survives, but documented unsecured loans cannot be rejected without contrary evidence.
    August 21, 2026   Case Laws Income Tax
    Unexplained bank credits require credit-wise verification; GST turnover differences alone cannot support additions or arbitrary profit estimates.
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August 21, 2026   Case Laws GST
Regular bail in alleged excise-duty evasion refused due to pending investigation and risk of influencing evidence.
August 21, 2026   Case Laws GST
Regular bail in pending GST evasion investigation declined due to alleged unaccounted stock, undocumented purchases, and offence gravity.
August 21, 2026   Case Laws GST
Reasonable apprehension of arrest is essential for pre-arrest bail; a CGST summons alone does not establish it.
August 21, 2026   Case Laws GST
Valid GST service requires acknowledgment or response; portal-only uploads do not trigger appeal limitation or sustain ex parte adjudication.
August 21, 2026   Case Laws GST
Bill-to ship-to export refunds survive toll-data objections when undisputed transport and export records prove physical movement.
August 21, 2026   Case Laws GST
Excess ITC reversal through DRC-03 remains valid despite blank reasons column, while interest and penalty waiver may apply.
August 21, 2026   Case Laws Income Tax
Belated Form 10B filing during Covid-19 cannot defeat charitable exemption where genuine hardship warrants condonation and substantial justice prevails.
August 21, 2026   Case Laws Income Tax
Non-resident share premium remains capital receipt; reassessment cannot shift from alleged share sale to uncommunicated genuineness objections.
August 21, 2026   Case Laws Income Tax
Section 54 residential-house investment fulfilled the substantive exemption condition despite non-deposit under the Capital Gains Account Scheme.
August 21, 2026   Case Laws Income Tax
Consequential assessment orders allowing verified purchases bind the Department, making challenges to purchase disallowances infructuous after remand.
August 21, 2026   Case Laws Income Tax
Debatable PF/ESI contribution claims cannot face summary adjustment; exempt-income disallowance is limited to income-yielding investments.
August 21, 2026   Case Laws Income Tax
Rejection of audited books requires specific accounting defects; fixed-rate profit estimation on pass-through reimbursements was rejected.
August 21, 2026   Case Laws Income Tax
Transferred TDS credit after amalgamation carries full refund interest where income is assessed in the amalgamated entity's hands.
August 21, 2026   Case Laws Income Tax
Limitation for consequential assessments runs from prescribed authority receipt, while verified purchases cannot be disallowed merely for unanswered summons.
August 21, 2026   Case Laws Income Tax
Higher depreciation for qualifying commercial vehicles, exempt-income disallowance, research deduction verification, and club-expense treatment clarified
August 21, 2026   Case Laws Income Tax
Leave fare concession TDS during judicial restraint does not trigger employer default consequences for foreign-leg travel payments.
August 21, 2026   Case Laws Income Tax
Treaty exemption for foreign salary requires residency and tax-payment verification before relief is granted on merits.
August 21, 2026   Case Laws Income Tax
Misreporting penalty requires a specific statutory charge; adopting one of divergent legal views cannot itself constitute misreporting.
August 21, 2026   Case Laws Income Tax
Reassessment on specific investigation information survives, but documented unsecured loans cannot be rejected without contrary evidence.
August 21, 2026   Case Laws Income Tax
Unexplained bank credits require credit-wise verification; GST turnover differences alone cannot support additions or arbitrary profit estimates.

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

CIRP - Seeking restraint/ injunction on the Respondents from...

Court Rules Lenders Cannot Invoke Performance Bank Guarantee Without Adjudicating Authority's Permission Under IBC Resolution Plan.

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Insolvency and Bankruptcy May 27, 2023 Case Laws AT
CIRP - Seeking restraint/ injunction on the Respondents from encashing or appropriating the Performance Bank Guarantee - The Resolution Plan has been approved with the intent and purpose to revive the Corporate Debtor, which revival is in accordance with objective and purpose of the IBC - MC Lenders shall not invoke the Performance Bank Guarantee in the facts of the present case as on date, and for invocation, if any, MC Lenders may take leave of the Adjudicating Authority. - AT
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Acts Income Tax
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