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    July 28, 2026   Case LawsCustoms
    Customs confiscation requires specific notice, hearing and proof of import contravention before penalties or redemption fine may arise.
    July 28, 2026   Case LawsIBC
    Prior approval for liquidator-initiated arbitration is mandatory, but post facto approval makes invocation effective from the approval date.
    July 28, 2026   Case LawsIBC
    Reasoned fraud-classification orders must address defences; proceedings against an uninvolved former director could not be restarted.
    July 28, 2026   Case LawsMoney Laundering
    Prolonged incarceration and delayed trial supported regular bail in money-laundering proceedings involving old alleged transactions.
    July 28, 2026   Case LawsMoney Laundering
    Inherently perverse bail orders may be cancelled without post-release misconduct where mandatory money-laundering bail conditions were ignored.
    July 28, 2026   Case LawsService Tax
    Recovery from legal heirs fails where indirect-tax law provides no machinery to proceed against a deceased proprietor's estate.
    July 27, 2026   Case LawsGST
    Pre-trial detention in GST prosecutions requires demonstrated necessity; completed investigation and documentary evidence supported conditional bail.
    July 27, 2026   Case LawsGST
    Condonation of delay restored the statutory GST appellate remedy after limitation-based dismissal was quashed and remanded for merits review.
    July 27, 2026   Case LawsGST
    Service of GST cancellation notices requires portal upload plus a prescribed personal mode to ensure fair hearing.
    July 27, 2026   Case LawsGST
    GST record-maintenance penalties remain independently valid despite late fees for delayed return filing, sustaining penalties for missing prescribed r...
    July 27, 2026   Case LawsIncome Tax
    Reassessment notices issued to deceased assessees are void, and legal representative participation cannot cure the jurisdictional defect.
    July 27, 2026   Case LawsIncome Tax
    Change of opinion barred reassessment beyond four years where exempt-income expenditure had already undergone scrutiny.
    July 27, 2026   Case LawsIncome Tax
    Full and true disclosure bars reassessment beyond four years where reopening rests only on a changed view of disclosed facts.
    July 27, 2026   Case LawsIncome Tax
    IMFL exclusion in the pre-amendment TCS entry placed beer sales outside tax collection and consequential default liability.
    July 27, 2026   Case LawsIncome Tax
    Genuine political donations require more than banking records where surrounding evidence indicates an accommodation-entry arrangement.
    July 27, 2026   Case LawsIncome Tax
    Retrospective trust registration benefit can cover prior years when appeals remain pending and charitable objects remain unchanged.
    July 27, 2026   Case LawsIncome Tax
    Captive power transfer pricing and non-resident export commission rules support deletion of adjustments and withholding disallowance in discussed proc...
    July 27, 2026   Case LawsIncome Tax
    Genuine intra-family residential property purchases can qualify for section 54F deduction despite resulting tax benefits or later loss set-offs.
    July 27, 2026   Case LawsIncome Tax
    Section 54F residential-house exemption can include pre-transfer land cost and survive procedural non-deposit when construction is timely completed.
    July 27, 2026   Case LawsIncome Tax
    Capital gains exemptions restored on proven scheme deposits, while agricultural-land status and indexation require fresh tax computation.
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    July 28, 2026   Case Laws Customs
    Customs confiscation requires specific notice, hearing and proof of import contravention before penalties or redemption fine may arise.
    July 28, 2026   Case Laws IBC
    Prior approval for liquidator-initiated arbitration is mandatory, but post facto approval makes invocation effective from the approval date.
    July 28, 2026   Case Laws IBC
    Reasoned fraud-classification orders must address defences; proceedings against an uninvolved former director could not be restarted.
    July 28, 2026   Case Laws Money Laundering
    Prolonged incarceration and delayed trial supported regular bail in money-laundering proceedings involving old alleged transactions.
    July 28, 2026   Case Laws Money Laundering
    Inherently perverse bail orders may be cancelled without post-release misconduct where mandatory money-laundering bail conditions were ignored.
    July 28, 2026   Case Laws Service Tax
    Recovery from legal heirs fails where indirect-tax law provides no machinery to proceed against a deceased proprietor's estate.
    July 27, 2026   Case Laws GST
    Pre-trial detention in GST prosecutions requires demonstrated necessity; completed investigation and documentary evidence supported conditional bail.
    July 27, 2026   Case Laws GST
    Condonation of delay restored the statutory GST appellate remedy after limitation-based dismissal was quashed and remanded for merits review.
    July 27, 2026   Case Laws GST
    Service of GST cancellation notices requires portal upload plus a prescribed personal mode to ensure fair hearing.
    July 27, 2026   Case Laws GST
    GST record-maintenance penalties remain independently valid despite late fees for delayed return filing, sustaining penalties for missing prescribed records.
    July 27, 2026   Case Laws Income Tax
    Reassessment notices issued to deceased assessees are void, and legal representative participation cannot cure the jurisdictional defect.
    July 27, 2026   Case Laws Income Tax
    Change of opinion barred reassessment beyond four years where exempt-income expenditure had already undergone scrutiny.
    July 27, 2026   Case Laws Income Tax
    Full and true disclosure bars reassessment beyond four years where reopening rests only on a changed view of disclosed facts.
    July 27, 2026   Case Laws Income Tax
    IMFL exclusion in the pre-amendment TCS entry placed beer sales outside tax collection and consequential default liability.
    July 27, 2026   Case Laws Income Tax
    Genuine political donations require more than banking records where surrounding evidence indicates an accommodation-entry arrangement.
    July 27, 2026   Case Laws Income Tax
    Retrospective trust registration benefit can cover prior years when appeals remain pending and charitable objects remain unchanged.
    July 27, 2026   Case Laws Income Tax
    Captive power transfer pricing and non-resident export commission rules support deletion of adjustments and withholding disallowance in discussed proceedings.
    July 27, 2026   Case Laws Income Tax
    Genuine intra-family residential property purchases can qualify for section 54F deduction despite resulting tax benefits or later loss set-offs.
    July 27, 2026   Case Laws Income Tax
    Section 54F residential-house exemption can include pre-transfer land cost and survive procedural non-deposit when construction is timely completed.
    July 27, 2026   Case Laws Income Tax
    Capital gains exemptions restored on proven scheme deposits, while agricultural-land status and indexation require fresh tax computation.

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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 BankruptcyJuly 25, 2023Case LawsHC
      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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