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October 5, 2026   Circulars Customs
Import permits for non-insecticidal pesticide use now require Form IA applications, verified supporting records, and compliance with revised rules.
October 5, 2026   Circulars DGFT
Trade finance governance: revised Sub-Committee structure applies uniformly across Niryat Protsahan interventions under the Export Promotion Mission.
October 5, 2026   Circulars FEMA
Non-resident deposit reporting shifts to CIMS Sankalan, requiring monthly NRD-CSR submissions through approved digital reporting channels.
October 5, 2026   Circulars FEMA
Board-approved internal guidelines for Form A2 outward remittances may now be approved by delegated Board or management committees.
October 5, 2026   Notes Income Tax
Reassessment limitation excludes reply time but preserves a finite statutory period for completing the pre-notice process.
October 5, 2026   Notes Income Tax
Reassessment approvals and limitation require separate statutory tests, with book-entry evidence independently supporting extended reopening periods.
October 5, 2026   Notes Income Tax
Section 87A rebate may cover eligible short-term capital-gains tax under the earlier new-regime statutory framework.
October 5, 2026   Notes Income Tax
Make-available requirement limits treaty taxation of management and support fees unless recipients gain independently usable technical capability.
October 5, 2026   Notes Money Laundering
Pre-cognizance hearings under BNSS are mandatory for PMLA complaints when the cognizance stage is governed by BNSS.
October 5, 2026   Notes Income Tax
Fiscal transparency requires partner-specific treaty analysis for UK partnership income, preventing automatic FTS treatment of legal services.
October 5, 2026   Case Laws GST
Input tax credit conditions require actual tax payment, but supplier default alone cannot justify mechanical credit reversal.
October 5, 2026   Case Laws GST
Input tax credit conditions survive constitutional challenge, while retrospective supplier-cancellation demands require specific fraud findings and supporting facts.
October 5, 2026   Case Laws GST
GST registration restoration for return non-filing requires pending returns and statutory dues, allowing business operations to resume conditionally.
October 5, 2026   Case Laws GST
Electronic Cash Ledger Credits Do Not End Delayed GST Interest Until Debited Against Return Liability
October 5, 2026   Case Laws GST
Recurring-issue exception to GST appeal thresholds requires genuine wider implications; absent proof, the departmental appeal is not maintainable.
October 5, 2026   Case Laws Income Tax
Judicial discipline requires consistent reassessment treatment where identical facts were decided for the same taxpayer in the preceding assessment year.
October 5, 2026   Case Laws Income Tax
Limitation for Section 153C notices is measured from the assessment year in which satisfaction is recorded, excluding stale assessment years.
October 5, 2026   Case Laws Income Tax
Section 153C limitation invalidates a notice where the relevant assessment year falls outside the statutory look-back period.
October 5, 2026   Case Laws Income Tax
Revised Form-3 payment deadlines cannot require impossible compliance, preserving settlement closure after prompt payment under Vivad se Vishwas.
October 5, 2026   Case Laws Income Tax
Extended-period reassessment and digital evidence require statutory nexus and independent corroboration before tax additions can stand.

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Home › Highlights › IBC › 2024 › November, 2024 › This
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Corporate debtor filed a reply to the financial creditor's...

NCLAT Rules Section 7 Application Takes Precedence Over Arbitration; Corporate Debtor's Appeal Dismissed.

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IBC November 19, 2024 Case Laws AT
Corporate debtor filed a reply to the financial creditor's Section 7 application in December 2023, but moved an application u/s 8 for reference to arbitration only on March 7, 2024. The financial creditor had initiated arbitration proceedings by unilaterally appointing an arbitrator in July 2019, but the arbitrator terminated the proceedings in October 2021, holding the appointment contrary to law. The NCLAT held that if an application u/s 8 is filed, the adjudicating authority must first decide the Section 7 application by recording satisfaction regarding default. The pendency or initiation of arbitration proceedings after filing the Section 7 application is immaterial. Allowing the Section 8 application would defeat the IBC's purpose by asking the adjudicating authority to await arbitration proceedings. The corporate debtor admitted debt and default in one-time settlement offers in 2019 and 2022. The adjudicating authority rightly rejected the Section 8 application, and the NCLAT dismissed the appeal.
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