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    July 22, 2026   Case LawsIncome Tax
    Voluntary retirement scheme receipts treated as capital where resignation, not employer termination, governed cessation of employment.
    July 22, 2026   Case LawsCustoms
    Intended use of warehoused capital goods suffices, preventing interest solely because goods were not actually deployed.
    July 22, 2026   Case LawsCustoms
    Aluminium formwork used as on-site shuttering qualifies as aluminium structures, supporting customs exemption eligibility.
    July 22, 2026   Case LawsCustoms
    Demurrage charges outside the goods price cannot increase transaction value, while demands must remain within the show cause notice.
    July 22, 2026   Case LawsCustoms
    Tariff classification of automotive camera components determines integrated-circuit exemption eligibility while excluding vehicle wiring harnesses and...
    July 22, 2026   Case LawsIBC
    Pre-existing operational debt disputes require genuine evidence, while undirected running-account payments may be appropriated on a first-in-first-out...
    July 22, 2026   Case LawsService Tax
    Agency in CNG distribution makes outlet operators commission agents, rendering taxable Business Auxiliary Service rather than purchasing goods for res...
    July 21, 2026   NotificationsIncome Tax
    Zero coupon bond status granted to the infrastructure financing bank's ten-year bond, subject to statutory and regulatory conditions.
    July 21, 2026   CircularsDGFT
    Tariff rate quota applications open for eligible new completely built vehicles imported under the India-United Kingdom trade agreement.
    July 21, 2026   CircularsDGFT
    Low-value export consignments may receive RCMC exemption, easing access to FTP authorisations, benefits and concessions for eligible exporters.
    July 21, 2026   Case LawsGST
    Redemption fine under the Sabka Vishwas Scheme cannot independently disqualify a declaration from eligibility and merits consideration.
    July 21, 2026   Case LawsGST
    Regular bail in alleged fake-invoice tax credit fraud followed secured evidence and absence of prospects for early trial.
    July 21, 2026   Case LawsGST
    Anticipatory bail in alleged fraudulent input tax credit cases requires demonstrated necessity for arrest and custodial interrogation.
    July 21, 2026   Case LawsGST
    Negative blocking of input tax credit under Rule 86A is impermissible where it restricts future ledger credits.
    July 21, 2026   Case LawsGST
    Composite inpatient healthcare supply may retain exemption despite MRP medicine billing, while separate taxable sale characterisation remains disputed...
    July 21, 2026   Case LawsGST
    Clarificatory duty drawback circulars operate retrospectively, preserving merchant exporters' existing entitlement and supporting refund interest afte...
    July 21, 2026   Case LawsGST
    State GST officers' IGST enforcement powers extend to confiscation, with challenges routed through the State statutory appeal mechanism.
    July 21, 2026   Case LawsGST
    University affiliation fees are described as non-taxable regulatory functions, alternatively protected by the educational-services GST exemption.
    July 21, 2026   Case LawsGST
    Wrong-head integrated tax payment requires statutory adjustment before intra-State tax, interest, or penalty liability is determined afresh.
    July 21, 2026   Case LawsGST
    Restaurant service classification excludes hookah flavours consumed by inhalation, notwithstanding accompanying food, beverages and attendant restaura...
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    July 22, 2026   Case Laws Income Tax
    Voluntary retirement scheme receipts treated as capital where resignation, not employer termination, governed cessation of employment.
    July 22, 2026   Case Laws Customs
    Intended use of warehoused capital goods suffices, preventing interest solely because goods were not actually deployed.
    July 22, 2026   Case Laws Customs
    Aluminium formwork used as on-site shuttering qualifies as aluminium structures, supporting customs exemption eligibility.
    July 22, 2026   Case Laws Customs
    Demurrage charges outside the goods price cannot increase transaction value, while demands must remain within the show cause notice.
    July 22, 2026   Case Laws Customs
    Tariff classification of automotive camera components determines integrated-circuit exemption eligibility while excluding vehicle wiring harnesses and motor-vehicle camera covers.
    July 22, 2026   Case Laws IBC
    Pre-existing operational debt disputes require genuine evidence, while undirected running-account payments may be appropriated on a first-in-first-out basis.
    July 22, 2026   Case Laws Service Tax
    Agency in CNG distribution makes outlet operators commission agents, rendering taxable Business Auxiliary Service rather than purchasing goods for resale.
    July 21, 2026   Notifications Income Tax
    Zero coupon bond status granted to the infrastructure financing bank's ten-year bond, subject to statutory and regulatory conditions.
    July 21, 2026   Circulars DGFT
    Tariff rate quota applications open for eligible new completely built vehicles imported under the India-United Kingdom trade agreement.
    July 21, 2026   Circulars DGFT
    Low-value export consignments may receive RCMC exemption, easing access to FTP authorisations, benefits and concessions for eligible exporters.
    July 21, 2026   Case Laws GST
    Redemption fine under the Sabka Vishwas Scheme cannot independently disqualify a declaration from eligibility and merits consideration.
    July 21, 2026   Case Laws GST
    Regular bail in alleged fake-invoice tax credit fraud followed secured evidence and absence of prospects for early trial.
    July 21, 2026   Case Laws GST
    Anticipatory bail in alleged fraudulent input tax credit cases requires demonstrated necessity for arrest and custodial interrogation.
    July 21, 2026   Case Laws GST
    Negative blocking of input tax credit under Rule 86A is impermissible where it restricts future ledger credits.
    July 21, 2026   Case Laws GST
    Composite inpatient healthcare supply may retain exemption despite MRP medicine billing, while separate taxable sale characterisation remains disputed.
    July 21, 2026   Case Laws GST
    Clarificatory duty drawback circulars operate retrospectively, preserving merchant exporters' existing entitlement and supporting refund interest after unlawful recovery.
    July 21, 2026   Case Laws GST
    State GST officers' IGST enforcement powers extend to confiscation, with challenges routed through the State statutory appeal mechanism.
    July 21, 2026   Case Laws GST
    University affiliation fees are described as non-taxable regulatory functions, alternatively protected by the educational-services GST exemption.
    July 21, 2026   Case Laws GST
    Wrong-head integrated tax payment requires statutory adjustment before intra-State tax, interest, or penalty liability is determined afresh.
    July 21, 2026   Case Laws GST
    Restaurant service classification excludes hookah flavours consumed by inhalation, notwithstanding accompanying food, beverages and attendant restaurant facilities.

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

      This legal summary concerns the maintainability of a Section 7...

      Section 7 Application Valid for CIRP Initiation: Financial Debt and Default Proven, Moratorium Enforced.

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      IBCOctober 26, 2024Case LawsTri
      This legal summary concerns the maintainability of a Section 7 application for initiating the Corporate Insolvency Resolution Process (CIRP) against a Corporate Debtor. The key points are: The transaction involved receivables discounting on a recourse basis, constituting a financial debt u/s 5(8)(e) of the IBC Act. The Supreme Court's rulings in Innoventive Industries Ltd. vs. ICICI Bank and Mobilox Innovations Pvt. Ltd. vs. Kirusa Software Pvt. Ltd. establish that for a Section 7 application by a Financial Creditor, the existence of a financial debt and default exceeding Rs. 1 crore is sufficient for admission, without considering defenses of set-off or counterclaim. In the present case, the Financial Creditor proved the existence of debt and default exceeding Rs. 1 crore by the Corporate Debtor. Therefore, as per Section 7(5) of the IBC Act, the application was admitted, and the CIRP was initiated against the Corporate Debtor, with a moratorium declared.
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      ActsIncome Tax
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