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    October 3, 2026   Case Laws GST
    GST refund withholding under Section 54(11) remains available during anti-evasion proceedings without a separate judicial stay.
    October 3, 2026   Case Laws GST
    Resolution-plan extinguishment bars unfiled GST dues and permits writ review despite a statutory appellate remedy.
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    October 3, 2026   Case Laws GST
    Input tax credit on unpaid consideration attracts interest despite later financial credit-note settlement and retained credit entitlement.
    October 3, 2026   Case Laws GST
    Blocked input tax credit for resort construction remains unavailable; interest follows actual utilisation, while delayed payment attracts statutory pe...
    October 3, 2026   Case Laws GST
    Detention authority ends when transit ends; curable e-way bill omissions cannot justify penalties without tax-evasion intent.
    October 3, 2026   Case Laws GST
    Revised anti-profiteering methodology permits project-level ITC recalculation, requiring homebuyer refunds with interest while excluding retrospective...
    October 3, 2026   Case Laws GST
    Technical transport-document discrepancies cannot justify tax penalties without reliable evidence of deliberate contravention and intent to evade tax.
    October 3, 2026   Case Laws GST
    GSTR return mismatches require liability verification, with reasoned reconsideration where tax, interest, penalty, and credit issues remain unresolved...
    October 3, 2026   Case Laws GST
    Expired e-way bills alone do not establish tax-evasion intent, requiring independent evidence before GST penalties may be imposed.
    October 3, 2026   Case Laws Income Tax
    Reassessment objections must be decided before scrutiny, and assessment notices cannot issue during the four-week challenge period.
    October 3, 2026   Case Laws Income Tax
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    October 3, 2026   Case Laws Income Tax
    Transfer-pricing comparability under TNMM permits turnover filtering and depreciation-adjusted cash profit indicators where functional differences mat...
    October 3, 2026   Case Laws Income Tax
    Faceless assessment safeguards require requested personal hearings and adequate final show-cause response time, failing which reassessment is required...
    October 3, 2026   Case Laws Income Tax
    Prima facie limitation challenges and high-pitched reassessments can justify full recovery stays pending independent appellate determination.
    October 3, 2026   Case Laws Income Tax
    Late reassessment returns remain valid where no statutory bar applies, requiring Section 143(2) notice before assessment.
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October 3, 2026   Case Laws GST
GST refund withholding under Section 54(11) remains available during anti-evasion proceedings without a separate judicial stay.
October 3, 2026   Case Laws GST
Resolution-plan extinguishment bars unfiled GST dues and permits writ review despite a statutory appellate remedy.
October 3, 2026   Case Laws GST
Section 74 fraud allegations must be particularised; an ITC mismatch alone cannot sustain a notice for wrongful credit.
October 3, 2026   Case Laws GST
Bail in CGST prosecution: completed investigation and documentary evidence supported release subject to safeguards against trial interference.
October 3, 2026   Case Laws GST
Statutory GST appeals remain the appropriate remedy where exemption claims lack substantiation during adjudication proceedings.
October 3, 2026   Case Laws GST
Ex parte GST assessment permits fresh adjudication subject to reply and disputed-tax pre-deposit despite expired appellate limitation.
October 3, 2026   Case Laws GST
Input tax credit blocking requires use of the prescribed unblocking remedy before writ relief, especially after demand proceedings.
October 3, 2026   Case Laws GST
Input tax credit on unpaid consideration attracts interest despite later financial credit-note settlement and retained credit entitlement.
October 3, 2026   Case Laws GST
Blocked input tax credit for resort construction remains unavailable; interest follows actual utilisation, while delayed payment attracts statutory penalty.
October 3, 2026   Case Laws GST
Detention authority ends when transit ends; curable e-way bill omissions cannot justify penalties without tax-evasion intent.
October 3, 2026   Case Laws GST
Revised anti-profiteering methodology permits project-level ITC recalculation, requiring homebuyer refunds with interest while excluding retrospective penalties.
October 3, 2026   Case Laws GST
Technical transport-document discrepancies cannot justify tax penalties without reliable evidence of deliberate contravention and intent to evade tax.
October 3, 2026   Case Laws GST
GSTR return mismatches require liability verification, with reasoned reconsideration where tax, interest, penalty, and credit issues remain unresolved.
October 3, 2026   Case Laws GST
Expired e-way bills alone do not establish tax-evasion intent, requiring independent evidence before GST penalties may be imposed.
October 3, 2026   Case Laws Income Tax
Reassessment objections must be decided before scrutiny, and assessment notices cannot issue during the four-week challenge period.
October 3, 2026   Case Laws Income Tax
Duplicate PAN allocation requires record verification and deactivation reasons before assessment-related transactions can be attributed to an assessee.
October 3, 2026   Case Laws Income Tax
Transfer-pricing comparability under TNMM permits turnover filtering and depreciation-adjusted cash profit indicators where functional differences materially affect margins.
October 3, 2026   Case Laws Income Tax
Faceless assessment safeguards require requested personal hearings and adequate final show-cause response time, failing which reassessment is required.
October 3, 2026   Case Laws Income Tax
Prima facie limitation challenges and high-pitched reassessments can justify full recovery stays pending independent appellate determination.
October 3, 2026   Case Laws Income Tax
Late reassessment returns remain valid where no statutory bar applies, requiring Section 143(2) notice before assessment.

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Home › Highlights › Insolvency and Bankruptcy › 2024 › March, 2024 › This
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Insolvency and Bankruptcy

CIRP - Calculation of the interest - admission of the claim by...

NCLAT Rules COC Cannot Decide on Interest and Charges in CIRP; Role Reserved for Resolution Professional.

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Insolvency and Bankruptcy March 12, 2024 Case Laws AT
CIRP - Calculation of the interest - admission of the claim by the Resolution Professional - The Adjudicating Authority directed to examine the exorbitantly high interest and charges admitted by the Resolution Professional. It was deemed appropriate to grant interim relief restraining the COC from considering and approving the resolution plans during the pendency of the case.The NCLAT held that the matter of interest and charges does not fall within the ambit of the COC. The responsibility of verifying claims submitted by parties lies with the Resolution Professional.
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