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    September 2, 2026   Case Laws IBC
    IBC moratorium does not shield directors or authorised signatories from cheque-dishonour prosecution for pre-moratorium acts.
    September 2, 2026   Case Laws IBC
    Resolution-plan finality extinguishes unsubmitted statutory dues and prevents recovery of pre-approval electricity-duty and mining demands.
    September 2, 2026   Case Laws Money Laundering
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September 2, 2026   Case Laws IBC
IBC moratorium does not shield directors or authorised signatories from cheque-dishonour prosecution for pre-moratorium acts.
September 2, 2026   Case Laws IBC
Resolution-plan finality extinguishes unsubmitted statutory dues and prevents recovery of pre-approval electricity-duty and mining demands.
September 2, 2026   Case Laws Money Laundering
Substitution of attached property by fixed deposit remains discretionary, while statutory PMLA appeals ordinarily preclude writ intervention.
September 2, 2026   Case Laws Money Laundering
Attachment of proceeds of crime can reach equivalent-value property, pre-offence assets, and property held by persons outside the predicate offence.
September 2, 2026   Case Laws Money Laundering
Provisional attachment of officials' properties sustained where evidence linked them to diverted proceeds of unlawful investment schemes.
September 2, 2026   Case Laws Service Tax
Governmental authority status supports construction-service exemption, while pre-cutoff contract and stamp-duty compliance requires verification on remand.
September 2, 2026   Case Laws Central Excise
Excise assessment at removal protects PDS kerosene from duty claims on post-clearance pipeline interface formation.
September 2, 2026   Case Laws Indian Laws
Unauthorised occupation status cannot arise solely from unresolved lease transfer and prior dues after a secured creditor auction.
September 1, 2026   Circulars DGFT
Automated Free Sale and Commerce Certificates enable paperless processing while retaining risk-based manual verification for selected exporter applications.
September 1, 2026   Case Laws GST
Statutory GST appellate limitation cannot ordinarily be bypassed through writ jurisdiction after it has expired following unexplained delay.
September 1, 2026   Case Laws GST
Omitted export-refund restriction cannot govern pending integrated-tax refund proceedings without an express saving or sunset clause.
September 1, 2026   Case Laws GST
Arrest safeguards under the CGST Act support regular bail where recorded reasons and statutory thresholds are absent.
September 1, 2026   Case Laws GST
Rule 86A credit restrictions require recorded written reasons; non-compliant ledger blocking may trigger compensation liability.
September 1, 2026   Case Laws GST
Employee stock-shortage penalties do not constitute consideration for services, preventing GST collection under Schedule II in employment relationships.
September 1, 2026   Case Laws GST
Consolidated show-cause notices may cover multiple years, but appellate authorities must provide a meaningful hearing on merits.
September 1, 2026   Case Laws GST
Statutory appellate remedy bars delayed writ challenge to GST registration cancellation absent exceptional circumstances, preserving fresh registration options.
September 1, 2026   Case Laws GST
Fresh adjudication on contractual material requires reconsideration of service-tax demand and exemption claim after a hearing.
September 1, 2026   Case Laws GST
Parallel GST proceedings on identical issues were invalid after Central GST adjudication for the same assessment period.
September 1, 2026   Case Laws GST
Premature tax assessment before the annual-return deadline is invalid, requiring fresh proceedings with notice and hearing.
September 1, 2026   Case Laws GST
Incorrect GST head payment: clerical IGST remittance can be adjusted against CGST and SGST without interest or penalty.

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IBC

NCLAT upheld the sale of Corporate Debtor (CD) as a going...

Sale as Going Concern in Liquidation Upheld: Clean Slate Theory Validates Freedom from Prior Unpaid Liabilities

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IBC February 18, 2025 Case Laws AT
NCLAT upheld the sale of Corporate Debtor (CD) as a going concern in liquidation proceedings. The sale, conducted on 28.08.2023, complied with amended Regulation 32A(4) of IBBI Liquidation Process Regulations, requiring first-attempt sale without 90-day timeline restriction. The successful bidder's purchase price exceeded reserve price, and proceeds were distributed per Section 53 of IBC. The Tribunal's dismissal of application and adverse observations against liquidator were deemed erroneous. Applying clean slate theory, NCLAT confirmed that CD sale as going concern requires freedom from prior unpaid liabilities, with sale proceeds distributed to stakeholders. Petition allowed, validating liquidator's actions in executing compliant going-concern sale.
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Acts Income Tax
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