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    April 11, 2026   Case Laws Income Tax
    Penalty for concealed capital gains upheld where exemption claim lacked bona fide basis and return showed inaccurate particulars.
    April 11, 2026   Case Laws Income Tax
    Co-operative credit society deduction on bank deposit interest upheld where funds were business funds and income remained attributable to member credi...
    April 11, 2026   Case Laws Income Tax
    Valuation Officer reference cannot be used for reopening assessment when books are not rejected and no defects are found.
    April 11, 2026   Case Laws Income Tax
    Working capital adjustment claims need authenticated supporting documents; fresh consideration ordered after proper compliance and hearing.
    April 11, 2026   Case Laws Income Tax
    Penny stock capital gains treated as accommodation entries where human probabilities showed an unexplained income conversion scheme.
    April 11, 2026   Case Laws Income Tax
    TDS credit belongs only to the person taxed on the related income; wrong PAN deduction cannot be claimed by a commission agent.
    April 11, 2026   Case Laws Income Tax
    Clerical loss mismatch and encroachment compensation accepted as cost of improvement in capital gains computation.
    April 11, 2026   Case Laws Income Tax
    Telescoping of undisclosed on-money receipts against demonetisation cash deposits allowed partly, with normal tax rates and section 68 relief.
    April 11, 2026   Case Laws Income Tax
    Transfer pricing benchmarking and receivables adjustments remanded: segmental financials need proper scrutiny, and foreign-currency interest must trac...
    April 11, 2026   Case Laws Income Tax
    Speaking order on reopening objections is mandatory; reassessment annulled when the objections were not disposed of first.
    April 11, 2026   Case Laws Income Tax
    Pecuniary jurisdiction under CBDT instruction invalidated notice issued by officer lacking competence, quashing the assessment.
    April 11, 2026   Case Laws Income Tax
    Fair market rent and related-party salary claims were accepted where evidence showed reasonable rent and genuine business services.
    April 11, 2026   Case Laws Benami Property
    Recall of ex parte orders requires sufficient cause for absence; repeated non-appearance and delayed additional material defeated recall.
    April 11, 2026   Case Laws Customs
    Non-speaking provisional release order quashed for failure to address customs objections and BIS certificate concerns.
    April 11, 2026   Case Laws Customs
    Refund of withdrawn provisional anti-dumping duty cannot be denied on unjust enrichment grounds under the Anti-Dumping Rules.
    April 11, 2026   Case Laws Customs
    Essential character of multifunctional wheelchairs governed classification and exemption despite an added toileting feature.
    April 11, 2026   Case Laws Customs
    Unjust enrichment bars refund of export duty where realised proceeds exceed declared FOB value and passing on is not disproved.
    April 11, 2026   Case Laws Customs
    Misdeclaration of imported goods justified rejection of declared value, reassessment on similar goods data, and upholding confiscation and penalty.
    April 11, 2026   Case Laws Customs
    IGCR compliance and concessional duty benefit fail where excess import is not established and declared end use is proved.
    April 11, 2026   Case Laws Customs
    Animal feed premix classification turns on specific use and functional character, placing poultry premixes under Heading 2309.
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April 11, 2026   Case Laws Income Tax
Penalty for concealed capital gains upheld where exemption claim lacked bona fide basis and return showed inaccurate particulars.
April 11, 2026   Case Laws Income Tax
Co-operative credit society deduction on bank deposit interest upheld where funds were business funds and income remained attributable to member credit activities.
April 11, 2026   Case Laws Income Tax
Valuation Officer reference cannot be used for reopening assessment when books are not rejected and no defects are found.
April 11, 2026   Case Laws Income Tax
Working capital adjustment claims need authenticated supporting documents; fresh consideration ordered after proper compliance and hearing.
April 11, 2026   Case Laws Income Tax
Penny stock capital gains treated as accommodation entries where human probabilities showed an unexplained income conversion scheme.
April 11, 2026   Case Laws Income Tax
TDS credit belongs only to the person taxed on the related income; wrong PAN deduction cannot be claimed by a commission agent.
April 11, 2026   Case Laws Income Tax
Clerical loss mismatch and encroachment compensation accepted as cost of improvement in capital gains computation.
April 11, 2026   Case Laws Income Tax
Telescoping of undisclosed on-money receipts against demonetisation cash deposits allowed partly, with normal tax rates and section 68 relief.
April 11, 2026   Case Laws Income Tax
Transfer pricing benchmarking and receivables adjustments remanded: segmental financials need proper scrutiny, and foreign-currency interest must track LIBOR.
April 11, 2026   Case Laws Income Tax
Speaking order on reopening objections is mandatory; reassessment annulled when the objections were not disposed of first.
April 11, 2026   Case Laws Income Tax
Pecuniary jurisdiction under CBDT instruction invalidated notice issued by officer lacking competence, quashing the assessment.
April 11, 2026   Case Laws Income Tax
Fair market rent and related-party salary claims were accepted where evidence showed reasonable rent and genuine business services.
April 11, 2026   Case Laws Benami Property
Recall of ex parte orders requires sufficient cause for absence; repeated non-appearance and delayed additional material defeated recall.
April 11, 2026   Case Laws Customs
Non-speaking provisional release order quashed for failure to address customs objections and BIS certificate concerns.
April 11, 2026   Case Laws Customs
Refund of withdrawn provisional anti-dumping duty cannot be denied on unjust enrichment grounds under the Anti-Dumping Rules.
April 11, 2026   Case Laws Customs
Essential character of multifunctional wheelchairs governed classification and exemption despite an added toileting feature.
April 11, 2026   Case Laws Customs
Unjust enrichment bars refund of export duty where realised proceeds exceed declared FOB value and passing on is not disproved.
April 11, 2026   Case Laws Customs
Misdeclaration of imported goods justified rejection of declared value, reassessment on similar goods data, and upholding confiscation and penalty.
April 11, 2026   Case Laws Customs
IGCR compliance and concessional duty benefit fail where excess import is not established and declared end use is proved.
April 11, 2026   Case Laws Customs
Animal feed premix classification turns on specific use and functional character, placing poultry premixes under Heading 2309.

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

CIRP - Recovery of dues from the Guarantor, while moratorium was...

SARFAESI Proceedings Against Guarantor Allowed Despite Moratorium on Corporate Debtor, Says Court on IBC Sections 14 & 31.

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Insolvency and Bankruptcy July 25, 2023 Case Laws HC
CIRP - Recovery of dues from the Guarantor, while moratorium was decelerated against the corporate debtor - S. 14 and S.31 of the IBC does not bar initiation and continuation of the SARFAESI proceedings against the Guarantor. As such, the bank has not violated the moratorium as ordered by the NCLT, in initiating SARFAESI Proceedings against Petitioner / Guarantor. - HC
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Acts Income Tax
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