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October 1, 2026   Case Laws GST
Cash seizure under GST search powers was impermissible, requiring interest on refunded cash and release of retained devices.
October 1, 2026   Case Laws GST
Electronic Cash Ledger balances do not discharge GST liabilities until debit, sustaining delayed-payment interest and recovery.
October 1, 2026   Case Laws GST
Doctrine of merger preserves writ review after time-barred GST registration appeal and enables conditional registration restoration.
October 1, 2026   Case Laws GST
Input tax credit requires supplier tax payment; insolvency proceedings do not remove the recipient's statutory condition.
October 1, 2026   Case Laws GST
Retrospective input tax credit relief protects timely GSTR-3B claims from limitation-based denial and consequential liabilities.
October 1, 2026   Case Laws GST
Blocked Input Tax Credit Requires Specific Exclusions, While Interest Applies Only to Credit Actually Utilised
October 1, 2026   Case Laws GST
E-way bill vehicle-number mismatch raises competing views on tax-evasion intent and penalty where commercial records identify the correct vehicle.
October 1, 2026   Case Laws Income Tax
Subsequent-Year Transaction Inclusion Invalidates Cash-Deposit Assessment Where Revision Failed to Address the Assessee's Material Challenge
October 1, 2026   Case Laws Income Tax
Bank investment revaluation and non-rural bad-debt deductions remain allowable despite rural doubtful-debt provisions under settled tax principles.
October 1, 2026   Case Laws Income Tax
Deemed acquisition of undeclared foreign assets requires assessment in the year following the first statutory notice.
October 1, 2026   Case Laws Income Tax
Deemed search date determines whether post-reform section 153C notices and consequential assessments remain legally valid.
October 1, 2026   Case Laws Income Tax
Reasonable cause for non-filing of a return supported deletion of salary-income misreporting penalty despite tax deducted at source.
October 1, 2026   Case Laws Income Tax
Treaty employment income exemption protects Vietnam-earned salary despite Indian payroll, bank receipt, and tax withholding.
October 1, 2026   Case Laws Customs
Prospective operation of exemption notifications prevents later amendments from blocking provisional release of pre-amendment imported machinery.
October 1, 2026   Case Laws Service Tax
Sabka Vishwas discharge certificates remain available where timely payment and appeal withdrawal are completed despite delayed procedural intimation.
October 1, 2026   Case Laws Customs
DGFT regularisation of EPCG imports removes confiscation and penalty, while duty foregone follows Bill of Entry assessable value.
October 1, 2026   Case Laws GST
GST Show Cause Notices Initiate Adjudication, Leaving Audit and Limitation Objections for Statutory Determination Rather Than Writ Intervention
October 1, 2026   Case Laws GST
GST penalty liability for fraudulent invoices reaches non-taxable beneficiaries only upon proof of benefit retention and transaction instigation.
October 1, 2026   Case Laws GST
Hookah service in designated smoking areas remains prohibited despite self-service or rental models under tobacco-control rules.
October 1, 2026   Case Laws GST
Input tax credit on fresh IPO issue expenses is available when proceeds further the company's business activities.

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Home › Highlights › IBC › 2024 › November, 2024 › This
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IBC

The Committee of Creditors (CoC) with 100% vote share can...

Creditors' Committee Can Choose Liquidation Without Resolution Efforts if Recovery is Unlikely, Court Upholds Decision.

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IBC November 16, 2024 Case Laws AT
The Committee of Creditors (CoC) with 100% vote share can directly proceed for liquidation of the Corporate Debtor without taking steps for resolution, as the power given to the CoC to decide liquidation is wide and can be exercised immediately after constitution of the CoC. The CoC is not required to complete all resolution steps before liquidation, as the legislative intent allows liquidation "at any time" even before inviting resolution plans. The CoC found no positive signs for revival and good grounds to prolong the CIRP process, considering the Corporate Debtor's unfavorable financial position. The Resolution Professional faced difficulties in obtaining records and information from the suspended management, hindering preparation of the Information Memorandum (IM). The CoC's decision to liquidate was not abrupt, hasty or arbitrary. The Adjudicating Authority cannot adjudicate the merits of the CoC's commercial wisdom to liquidate with requisite majority. No infirmity was found in the Adjudicating Authority's order approving the CoC's liquidation decision, and the appeal was dismissed.
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Acts Income Tax
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