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External development charges trigger TDS under section 194C, while disputed administrative payments require factual verification and fresh adjudicatio...
Section 270AA penalty immunity requires identified statutory defaults and a hearing before rejection; reassessment disclosure may constitute under-rep...
Section 80JJAA employee-cost deduction allowed for deployed staff but barred against transfer-pricing income enhancement, with pricing issues remanded...
Transfer-pricing methodology protects commercially genuine associated-enterprise payments, while pre-2016 secondary adjustments and related notional i...
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Cross-examination rights in Customs Broker revocation inquiries require witness examination; procedural denial may be cured through fresh adjudication...
From perusal of Section 96(1)(b) of IBC, 2016, interim moratorium restrains ongoing or fresh legal action or proceeding regarding debt pertaining to personal guarantor, not security interest created by personal guarantor. No moratorium on bank dealing with security interest. Personal guarantor can approach appropriate forum like DRT to protect assets. Section 96(1)(b) deems legal action or proceeding pending regarding debt stayed upon interim moratorium commencement u/s 96. Bank cannot continue SARFAESI proceedings once IBC proceedings commenced as per Section 238's overriding effect. No sale process commenced regarding mortgaged property. Remedy available under SARFAESI, High Court ought not entertain writ petitions. Bank cannot proceed under SARFAESI due to interim moratorium. Upon moratorium lifting, personal guarantor can approach DRT and raise issues like bank's authority and jurisdiction considering loan sanctioned and disbursed in Dubai.
From perusal of Section 96(1)(b) of IBC, 2016, interim moratorium restrains ongoing or fresh legal action or proceeding regarding debt pertaining to personal guarantor, not security interest created by personal guarantor. No moratorium on bank dealing with security interest. Personal guarantor can approach appropriate forum like DRT to protect assets. Section 96(1)(b) deems legal action or proceeding pending regarding debt stayed upon interim moratorium commencement u/s 96. Bank cannot continue SARFAESI proceedings once IBC proceedings commenced as per Section 238's overriding effect. No sale process commenced regarding mortgaged property. Remedy available under SARFAESI, High Court ought not entertain writ petitions. Bank cannot proceed under SARFAESI due to interim moratorium. Upon moratorium lifting, personal guarantor can approach DRT and raise issues like bank's authority and jurisdiction considering loan sanctioned and disbursed in Dubai.
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