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    August 3, 2026   Case Laws Customs
    Specific customs headings for scaffolding components prevail over general classification, invalidating misclassification proceedings and enabling with...
    August 3, 2026   Case Laws Customs
    Special additional duty refunds cannot be restricted by notification-imposed limitation where the Customs Act provides no such limitation.
    August 3, 2026   Case Laws Customs
    Authorised courier due diligence defeated abetment penalty where concealed gold was undetectable without X-ray examination.
    August 3, 2026   Case Laws Customs
    Customs duty deposit remains refundable when no out-of-charge order or appropriation follows failed import clearance.
    August 3, 2026   Case Laws Customs
    Cross-objections may challenge any appealed finding, while unproven undervaluation and post-import retail price revision fail.
    August 3, 2026   Case Laws Customs
    Preferential customs duty benefit survives curable Certificate of Origin defects when valid revised certificates establish undisputed product origin.
    August 3, 2026   Case Laws Companies Law
    Unadjudicated Supreme Court pleadings do not determine company law applicability, and mandamus requires prior demand and refusal.
    August 3, 2026   Case Laws IBC
    Liquidator appointment under Section 34 requires consideration of creditor recommendations, valid professional authorisation, and preservation of vali...
    August 3, 2026   Case Laws FEMA
    Vicarious liability for export proceeds arose from assigned transaction responsibility, while FEMA civil penalty required no mens rea.
    August 3, 2026   Case Laws Money Laundering
    Medical bail request dismissed as the High Court application remained pending, with assurances of necessary treatment in custody.
    August 3, 2026   Case Laws Indian Laws
    Public-law scrutiny of banking fraud caution lists bars blacklisting advocates for alleged negligence without fraud or disciplinary process.
    August 3, 2026   Case Laws Indian Laws
    Mandatory pre-summoning inquiry may be met by affidavit and documents; cheque-liability presumptions require disputed defences to face trial.
    August 3, 2026   Case Laws Indian Laws
    Cheque execution presumptions sustain liability where repayment remains unproved, including for security cheques and account-closed dishonour.
    August 1, 2026   Notifications Income Tax
    Income-tax exemption for specified regulatory fees and government grants applies subject to non-commercial activity and continuing compliance conditio...
    August 1, 2026   Circulars SEBI
    Digital accessibility audit and remediation deadlines extended, while all other disability-compliance obligations for regulated entities remain unchan...
    August 1, 2026   Case Laws Indian Laws
    Cheque-dishonour liability remains personal: non-signatory spouse cannot be vicariously prosecuted for a sole proprietorship's dishonoured cheque.
    August 1, 2026   Case Laws GST
    Vested appellate rights protect pending penalty proceedings from later pre-deposit conditions unless legislation clearly requires retrospective applic...
    August 1, 2026   Case Laws GST
    Regular bail in alleged input tax credit fraud granted after investigation concluded and evidence remained in departmental custody.
    August 1, 2026   Case Laws GST
    Proportionality in GST registration cancellation requires an opportunity to file pending returns and pay statutory dues before restoration.
    August 1, 2026   Case Laws GST
    Personal hearing in GST adjudication remains mandatory; inadequate notice and an unreasoned adverse order require fresh determination.
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August 3, 2026   Case Laws Customs
Specific customs headings for scaffolding components prevail over general classification, invalidating misclassification proceedings and enabling withheld drawback release.
August 3, 2026   Case Laws Customs
Special additional duty refunds cannot be restricted by notification-imposed limitation where the Customs Act provides no such limitation.
August 3, 2026   Case Laws Customs
Authorised courier due diligence defeated abetment penalty where concealed gold was undetectable without X-ray examination.
August 3, 2026   Case Laws Customs
Customs duty deposit remains refundable when no out-of-charge order or appropriation follows failed import clearance.
August 3, 2026   Case Laws Customs
Cross-objections may challenge any appealed finding, while unproven undervaluation and post-import retail price revision fail.
August 3, 2026   Case Laws Customs
Preferential customs duty benefit survives curable Certificate of Origin defects when valid revised certificates establish undisputed product origin.
August 3, 2026   Case Laws Companies Law
Unadjudicated Supreme Court pleadings do not determine company law applicability, and mandamus requires prior demand and refusal.
August 3, 2026   Case Laws IBC
Liquidator appointment under Section 34 requires consideration of creditor recommendations, valid professional authorisation, and preservation of valid prior liquidation steps.
August 3, 2026   Case Laws FEMA
Vicarious liability for export proceeds arose from assigned transaction responsibility, while FEMA civil penalty required no mens rea.
August 3, 2026   Case Laws Money Laundering
Medical bail request dismissed as the High Court application remained pending, with assurances of necessary treatment in custody.
August 3, 2026   Case Laws Indian Laws
Public-law scrutiny of banking fraud caution lists bars blacklisting advocates for alleged negligence without fraud or disciplinary process.
August 3, 2026   Case Laws Indian Laws
Mandatory pre-summoning inquiry may be met by affidavit and documents; cheque-liability presumptions require disputed defences to face trial.
August 3, 2026   Case Laws Indian Laws
Cheque execution presumptions sustain liability where repayment remains unproved, including for security cheques and account-closed dishonour.
August 1, 2026   Notifications Income Tax
Income-tax exemption for specified regulatory fees and government grants applies subject to non-commercial activity and continuing compliance conditions.
August 1, 2026   Circulars SEBI
Digital accessibility audit and remediation deadlines extended, while all other disability-compliance obligations for regulated entities remain unchanged.
August 1, 2026   Case Laws Indian Laws
Cheque-dishonour liability remains personal: non-signatory spouse cannot be vicariously prosecuted for a sole proprietorship's dishonoured cheque.
August 1, 2026   Case Laws GST
Vested appellate rights protect pending penalty proceedings from later pre-deposit conditions unless legislation clearly requires retrospective application.
August 1, 2026   Case Laws GST
Regular bail in alleged input tax credit fraud granted after investigation concluded and evidence remained in departmental custody.
August 1, 2026   Case Laws GST
Proportionality in GST registration cancellation requires an opportunity to file pending returns and pay statutory dues before restoration.
August 1, 2026   Case Laws GST
Personal hearing in GST adjudication remains mandatory; inadequate notice and an unreasoned adverse order require fresh determination.

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

Maintainability of petition seeking initiation of CIRP against...

Tribunal Upholds Guarantees, Validates Demand Notice, Dismisses Petition for Late Filing, Confirms IBC Sections' Validity.

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Insolvency and Bankruptcy April 15, 2024 Case Laws Tri
Maintainability of petition seeking initiation of CIRP against Personal Guarantor/Respondent - invocation of Bank guarantee and time limitation - The case involved an application u/s 95 of the IBC by a Financial Creditor against a Personal Guarantor for recovery of outstanding debt. The Tribunal examined the validity of guarantees, notice of demand, limitation period, and the effect of CIRP against the Principal Borrower. It upheld the validity of guarantees, affirmed the notice of demand, and ruled the Company Petition as rejected due to being filed beyond the limitation period. The Tribunal also confirmed the constitutional validity of relevant IBC sections.
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Acts Income Tax
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