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    July 17, 2026   Case Laws GST
    Statutory GST appellate remedy must be pursued before writ review of a demand order, with limitation protection granted.
    July 17, 2026   Case Laws GST
    Efficacious GST appellate remedy bars writ review where disputed factual issues and statutory pre-deposit must be addressed by the Tribunal.
    July 17, 2026   Case Laws GST
    Substantial procedural compliance supports GST waiver reconsideration where full tax was timely paid under an incorrect tax head.
    July 17, 2026   Case Laws Income Tax
    Fair-rent assessment requires consideration of lease terms, valuation principles and prevailing market rent; the certificate was quashed for fresh rev...
    July 17, 2026   Case Laws Income Tax
    Penalty initiation for cash-receipt contraventions begins with the competent authority's hearing notice, subject to reasonable-time limits.
    July 17, 2026   Case Laws Income Tax
    Document Identification Number compliance is satisfied when electronically communicated orders are promptly authenticated through a correctly identifi...
    July 17, 2026   Case Laws Income Tax
    Place of effective management threshold exclusion supported refund where assumed Indian residence caused tax payment and double taxation.
    July 17, 2026   Case Laws Income Tax
    Genuine derivative losses require proof beyond exchange records when transaction patterns and investigation material indicate manipulation.
    July 17, 2026   Case Laws Income Tax
    Contingent contractual consideration requires an enforceable accrued right, while project costs follow corresponding revenue recognition under percent...
    July 17, 2026   Case Laws Income Tax
    Statutory sanction for delayed reassessment is mandatory; approval by an unauthorised authority invalidates reassessment jurisdiction.
    July 17, 2026   Case Laws Income Tax
    Explained sale advances cannot be taxed as unexplained money when evidence establishes their connection with property sale consideration.
    July 17, 2026   Case Laws Customs
    Customs non-declaration findings withstand review where contemporaneous evidence corroborates a retracted statement and no perversity is shown.
    July 17, 2026   Case Laws Customs
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    July 17, 2026   Case Laws Customs
    Consequential refund claims for illegally collected export duty survive limitation and unjust enrichment where the ultimate buyer bore the burden.
    July 17, 2026   Case Laws Customs
    Industrial shrimp-feed machinery classification follows its commercial function, placing integrated production plants under the specific industrial fo...
    July 17, 2026   Case Laws Companies Law
    Discretionary restoration costs require reasoned justification and cannot be imposed for facilitating statutory tax assessment proceedings.
    July 17, 2026   Case Laws IBC
    Strict IBC appeal limitation requires a timely delay-condonation application; later filing cannot cure expiry of the maximum period.
    July 17, 2026   Case Laws Money Laundering
    Knowing assistance with proceeds of crime supports money-laundering charges where specific fund transfers show active prima facie involvement.
    July 17, 2026   Case Laws Money Laundering
    Money-laundering discharge requires assessment of prima facie PMLA ingredients, not re-evaluation of pending predicate offences.
    July 17, 2026   Case Laws Service Tax
    Reverse-charge service tax on mining royalty excludes threshold relief and may trigger extended limitation and penalties for suppression.
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July 17, 2026   Case Laws GST
Statutory GST appellate remedy must be pursued before writ review of a demand order, with limitation protection granted.
July 17, 2026   Case Laws GST
Efficacious GST appellate remedy bars writ review where disputed factual issues and statutory pre-deposit must be addressed by the Tribunal.
July 17, 2026   Case Laws GST
Substantial procedural compliance supports GST waiver reconsideration where full tax was timely paid under an incorrect tax head.
July 17, 2026   Case Laws Income Tax
Fair-rent assessment requires consideration of lease terms, valuation principles and prevailing market rent; the certificate was quashed for fresh review.
July 17, 2026   Case Laws Income Tax
Penalty initiation for cash-receipt contraventions begins with the competent authority's hearing notice, subject to reasonable-time limits.
July 17, 2026   Case Laws Income Tax
Document Identification Number compliance is satisfied when electronically communicated orders are promptly authenticated through a correctly identified subsequent DIN intimation.
July 17, 2026   Case Laws Income Tax
Place of effective management threshold exclusion supported refund where assumed Indian residence caused tax payment and double taxation.
July 17, 2026   Case Laws Income Tax
Genuine derivative losses require proof beyond exchange records when transaction patterns and investigation material indicate manipulation.
July 17, 2026   Case Laws Income Tax
Contingent contractual consideration requires an enforceable accrued right, while project costs follow corresponding revenue recognition under percentage completion.
July 17, 2026   Case Laws Income Tax
Statutory sanction for delayed reassessment is mandatory; approval by an unauthorised authority invalidates reassessment jurisdiction.
July 17, 2026   Case Laws Income Tax
Explained sale advances cannot be taxed as unexplained money when evidence establishes their connection with property sale consideration.
July 17, 2026   Case Laws Customs
Customs non-declaration findings withstand review where contemporaneous evidence corroborates a retracted statement and no perversity is shown.
July 17, 2026   Case Laws Customs
Customs transaction value cannot be rejected on NIDB data alone without reasonable doubt and genuinely comparable imports.
July 17, 2026   Case Laws Customs
Consequential refund claims for illegally collected export duty survive limitation and unjust enrichment where the ultimate buyer bore the burden.
July 17, 2026   Case Laws Customs
Industrial shrimp-feed machinery classification follows its commercial function, placing integrated production plants under the specific industrial food-manufacturing entry.
July 17, 2026   Case Laws Companies Law
Discretionary restoration costs require reasoned justification and cannot be imposed for facilitating statutory tax assessment proceedings.
July 17, 2026   Case Laws IBC
Strict IBC appeal limitation requires a timely delay-condonation application; later filing cannot cure expiry of the maximum period.
July 17, 2026   Case Laws Money Laundering
Knowing assistance with proceeds of crime supports money-laundering charges where specific fund transfers show active prima facie involvement.
July 17, 2026   Case Laws Money Laundering
Money-laundering discharge requires assessment of prima facie PMLA ingredients, not re-evaluation of pending predicate offences.
July 17, 2026   Case Laws Service Tax
Reverse-charge service tax on mining royalty excludes threshold relief and may trigger extended limitation and penalties for suppression.

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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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