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    July 25, 2026   Case LawsMoney Laundering
    Proceeds of crime require a proven scheduled-offence nexus; prolonged pre-trial detention may justify regular bail under PMLA.
    July 25, 2026   Case LawsMoney Laundering
    Money-laundering prosecution focuses on scheduled offences and proceeds of crime, while discharge requires only a prima facie case.
    July 25, 2026   Case LawsMoney Laundering
    Provisional attachment of laundered funds and equivalent-value property sustained, with statutory protection limited to pension, gratuity and providen...
    July 25, 2026   Case LawsMoney Laundering
    Equivalent-value property attachment extends to pre-existing assets when alleged crime proceeds cannot be traced or recovered.
    July 25, 2026   Case LawsService Tax
    Despatch money under FOB export contracts is a contractual incentive, not taxable consideration for port services without a service nexus.
    July 25, 2026   Case LawsIndian Laws
    Stamp duty on mining leases may rest on anticipated royalty where extraction value is indeterminate at execution.
    July 25, 2026   Case LawsIndian Laws
    Contractual GST reimbursement arbitration remains valid, but unsupported tax calculations may be severed and remitted for fresh determination.
    July 25, 2026   Case LawsIndian Laws
    Insolvency moratorium does not shield company officers from cheque dishonour prosecution for liability arising before corporate insolvency proceedings...
    July 24, 2026   CircularsSEBI
    Securities transmission framework introduces QTP, streamlined succession documents, standardised forms and time-bound processing for uncontested death...
    July 24, 2026   CircularsGST
    Centralised GST taxpayer administration is under review for entities sharing a PAN across multiple Central Tax GST registrations.
    July 24, 2026   Case LawsGST
    GST registration restoration after return defaults requires revocation application, pending return filing, statutory-dues compliance and authority ver...
    July 24, 2026   Case LawsGST
    Valid GST adjudication requires notice to an existing person; proceedings against a deceased proprietor are non est.
    July 24, 2026   Case LawsGST
    Pre-trial detention in GST prosecutions requires exceptional justification where investigation is complete and trial is delayed.
    July 24, 2026   Case LawsGST
    Effective GST notice communication requires proper portal upload and a meaningful hearing before ex parte adjudication can stand.
    July 24, 2026   Case LawsGST
    Advance-ruling mechanism governs pending GST classification, exemption and taxability disputes, limiting writ review once the specialised forum functi...
    July 24, 2026   Case LawsGST
    Proceedings against an amalgamated company are invalid when initiated after its dissolution; successor companies retain standing to challenge them.
    July 24, 2026   Case LawsGST
    Effective hearing in GST adjudication requires a merits reply and consideration of procedural requests before final determination.
    July 24, 2026   Case LawsGST
    Reasoned tax notices and access to defence documents are essential; defective input tax credit proceedings require fresh adjudication.
    July 24, 2026   Case LawsGST
    Works contract transition to GST: prior tax components deducted from contract value did not establish double taxation.
    July 24, 2026   Case LawsIncome Tax
    Judicial allowances treated as non-income receipts receive interim protection despite restrictions under the optional new tax regime.
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    July 25, 2026   Case Laws Money Laundering
    Proceeds of crime require a proven scheduled-offence nexus; prolonged pre-trial detention may justify regular bail under PMLA.
    July 25, 2026   Case Laws Money Laundering
    Money-laundering prosecution focuses on scheduled offences and proceeds of crime, while discharge requires only a prima facie case.
    July 25, 2026   Case Laws Money Laundering
    Provisional attachment of laundered funds and equivalent-value property sustained, with statutory protection limited to pension, gratuity and provident fund.
    July 25, 2026   Case Laws Money Laundering
    Equivalent-value property attachment extends to pre-existing assets when alleged crime proceeds cannot be traced or recovered.
    July 25, 2026   Case Laws Service Tax
    Despatch money under FOB export contracts is a contractual incentive, not taxable consideration for port services without a service nexus.
    July 25, 2026   Case Laws Indian Laws
    Stamp duty on mining leases may rest on anticipated royalty where extraction value is indeterminate at execution.
    July 25, 2026   Case Laws Indian Laws
    Contractual GST reimbursement arbitration remains valid, but unsupported tax calculations may be severed and remitted for fresh determination.
    July 25, 2026   Case Laws Indian Laws
    Insolvency moratorium does not shield company officers from cheque dishonour prosecution for liability arising before corporate insolvency proceedings.
    July 24, 2026   Circulars SEBI
    Securities transmission framework introduces QTP, streamlined succession documents, standardised forms and time-bound processing for uncontested death claims.
    July 24, 2026   Circulars GST
    Centralised GST taxpayer administration is under review for entities sharing a PAN across multiple Central Tax GST registrations.
    July 24, 2026   Case Laws GST
    GST registration restoration after return defaults requires revocation application, pending return filing, statutory-dues compliance and authority verification.
    July 24, 2026   Case Laws GST
    Valid GST adjudication requires notice to an existing person; proceedings against a deceased proprietor are non est.
    July 24, 2026   Case Laws GST
    Pre-trial detention in GST prosecutions requires exceptional justification where investigation is complete and trial is delayed.
    July 24, 2026   Case Laws GST
    Effective GST notice communication requires proper portal upload and a meaningful hearing before ex parte adjudication can stand.
    July 24, 2026   Case Laws GST
    Advance-ruling mechanism governs pending GST classification, exemption and taxability disputes, limiting writ review once the specialised forum functions.
    July 24, 2026   Case Laws GST
    Proceedings against an amalgamated company are invalid when initiated after its dissolution; successor companies retain standing to challenge them.
    July 24, 2026   Case Laws GST
    Effective hearing in GST adjudication requires a merits reply and consideration of procedural requests before final determination.
    July 24, 2026   Case Laws GST
    Reasoned tax notices and access to defence documents are essential; defective input tax credit proceedings require fresh adjudication.
    July 24, 2026   Case Laws GST
    Works contract transition to GST: prior tax components deducted from contract value did not establish double taxation.
    July 24, 2026   Case Laws Income Tax
    Judicial allowances treated as non-income receipts receive interim protection despite restrictions under the optional new tax regime.

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      Home› Highlights › IBC › 2024 › October, 2024 › This
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      IBC

      The appeal challenges the admission of an unstamped Assignment...

      Appeal Dismissed: Phoenix Arc Allowed to Enforce Legal Proceedings Despite Unstamped Assignment Agreement.

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      IBCOctober 17, 2024Case LawsAT
      The appeal challenges the admission of an unstamped Assignment Agreement dated 29.03.2022 under the Maharashtra Stamp Act, 1958. The court held that the Assignment Agreement is a registered document, and by virtue of Section 5(2) of the SARFAESI Act, 2002, the assignee, Phoenix Arc Pvt. Ltd., is entitled to prosecute and enforce all pending applications, appeals, and legal proceedings, including the Section 7 application filed by L&T Finance Ltd. The deeming clause in Section 5(2) protects and entitles Phoenix Arc Pvt. Ltd. to prosecute the Section 7 application. The Adjudicating Authority did not err in rejecting the Corporate Debtor's application to impound the document and allowing Phoenix Arc Pvt. Ltd. to prosecute the applications. The appeal was dismissed by the NCLAT (Appellate Tribunal).
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      ActsIncome Tax
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