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    August 12, 2026   Case LawsIncome Tax
    TDS non-deduction under binding interim directions does not make an employer-bank an assessee in default.
    August 12, 2026   Case LawsIncome Tax
    Reassessment based on search and independent enquiry sustained, while unverifiable purchases were limited to the estimated profit element.
    August 12, 2026   Case LawsIncome Tax
    Reasonable cause for cash land-transaction receipts and repayments supported deletion of penalties for statutory cash-payment breaches.
    August 12, 2026   Case LawsIncome Tax
    Specific misreporting charge under section 270A is mandatory; failure to identify the statutory limb invalidates enhanced penalty.
    August 12, 2026   Case LawsIncome Tax
    Assessment quashing extinguishes linked cash-loan penalty, while limitation runs from the Assessing Officer's recorded initiation.
    August 12, 2026   Case LawsIncome Tax
    Omitted specified domestic transaction provision invalidates related-party expenditure transfer-pricing references and assessments based on consequent...
    August 12, 2026   Case LawsIncome Tax
    Section 153C jurisdiction requires year-specific satisfaction and seized material; unabated assessments cannot sustain additions without incriminating...
    August 12, 2026   Case LawsIncome Tax
    Assessment against a deceased taxpayer is void from inception despite the legal heir pursuing appellate proceedings.
    August 12, 2026   Case LawsCustoms
    Steamer-agent liability for manifested cargo deficiency applies when the agent files and verifies the Import General Manifest, supporting penalties.
    August 12, 2026   Case LawsCustoms
    Statutory provisional release discretion prevails over executive instructions, with revenue safeguarded through duty payment and bond conditions.
    August 12, 2026   Case LawsCustoms
    DFIA classification of Vital Wheat Gluten as wheat flour defeated customs seizure based on unsupported exemption ineligibility allegations.
    August 12, 2026   Case LawsCustoms
    Automotive ECU classification follows distinct functions, requiring Revenue evidence before reclassifying control units as motor-vehicle parts.
    August 12, 2026   Case LawsCustoms
    Preventive suspension requires an immediate continuing threat and cannot become indefinite without inquiry, fresh evidence, or proportionate safeguard...
    August 12, 2026   Case LawsCustoms
    Post-decisional hearing deadlines govern continued Customs Broker licence suspension; delayed hearings invalidate continuation without deciding underl...
    August 12, 2026   Case LawsCompanies Law
    Functus officio bars intervention in disposed writ proceedings where applicants show no tangible subsisting right or necessary-party status.
    August 12, 2026   Case LawsCompanies Law
    Pre-emptive rights under articles invalidated outsider share transfers that bypassed mandatory notice, valuation and existing-member sale procedures.
    August 12, 2026   Case LawsMoney Laundering
    Default bail and PMLA bail denied where timely supplementary complaint and statutory twin conditions defeated release.
    August 12, 2026   Case LawsService Tax
    Floating-rig service classification determines refund entitlement where tax was collected under Mining Service without legal authority.
    August 11, 2026   CircularsDGFT
    Wheat export quota utilisation determines eligibility for reallocation, while underused quota may enter the common pool.
    August 11, 2026   Case LawsGST
    Omission of export refund restrictions applies to pending proceedings when no saving clause preserves the omitted rule's operation.
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    August 12, 2026   Case Laws Income Tax
    TDS non-deduction under binding interim directions does not make an employer-bank an assessee in default.
    August 12, 2026   Case Laws Income Tax
    Reassessment based on search and independent enquiry sustained, while unverifiable purchases were limited to the estimated profit element.
    August 12, 2026   Case Laws Income Tax
    Reasonable cause for cash land-transaction receipts and repayments supported deletion of penalties for statutory cash-payment breaches.
    August 12, 2026   Case Laws Income Tax
    Specific misreporting charge under section 270A is mandatory; failure to identify the statutory limb invalidates enhanced penalty.
    August 12, 2026   Case Laws Income Tax
    Assessment quashing extinguishes linked cash-loan penalty, while limitation runs from the Assessing Officer's recorded initiation.
    August 12, 2026   Case Laws Income Tax
    Omitted specified domestic transaction provision invalidates related-party expenditure transfer-pricing references and assessments based on consequential proceedings.
    August 12, 2026   Case Laws Income Tax
    Section 153C jurisdiction requires year-specific satisfaction and seized material; unabated assessments cannot sustain additions without incriminating evidence.
    August 12, 2026   Case Laws Income Tax
    Assessment against a deceased taxpayer is void from inception despite the legal heir pursuing appellate proceedings.
    August 12, 2026   Case Laws Customs
    Steamer-agent liability for manifested cargo deficiency applies when the agent files and verifies the Import General Manifest, supporting penalties.
    August 12, 2026   Case Laws Customs
    Statutory provisional release discretion prevails over executive instructions, with revenue safeguarded through duty payment and bond conditions.
    August 12, 2026   Case Laws Customs
    DFIA classification of Vital Wheat Gluten as wheat flour defeated customs seizure based on unsupported exemption ineligibility allegations.
    August 12, 2026   Case Laws Customs
    Automotive ECU classification follows distinct functions, requiring Revenue evidence before reclassifying control units as motor-vehicle parts.
    August 12, 2026   Case Laws Customs
    Preventive suspension requires an immediate continuing threat and cannot become indefinite without inquiry, fresh evidence, or proportionate safeguards.
    August 12, 2026   Case Laws Customs
    Post-decisional hearing deadlines govern continued Customs Broker licence suspension; delayed hearings invalidate continuation without deciding underlying allegations.
    August 12, 2026   Case Laws Companies Law
    Functus officio bars intervention in disposed writ proceedings where applicants show no tangible subsisting right or necessary-party status.
    August 12, 2026   Case Laws Companies Law
    Pre-emptive rights under articles invalidated outsider share transfers that bypassed mandatory notice, valuation and existing-member sale procedures.
    August 12, 2026   Case Laws Money Laundering
    Default bail and PMLA bail denied where timely supplementary complaint and statutory twin conditions defeated release.
    August 12, 2026   Case Laws Service Tax
    Floating-rig service classification determines refund entitlement where tax was collected under Mining Service without legal authority.
    August 11, 2026   Circulars DGFT
    Wheat export quota utilisation determines eligibility for reallocation, while underused quota may enter the common pool.
    August 11, 2026   Case Laws GST
    Omission of export refund restrictions applies to pending proceedings when no saving clause preserves the omitted rule's operation.

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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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