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    September 2, 2026   Case Laws IBC
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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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Income Tax

ITAT dismissed Revenue's appeal against CIT(A)'s order...

Share Premium Reassessment Under Section 147 Invalid Due To Lack Of Fresh Material And Change Of Opinion

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Income Tax February 18, 2025 Case Laws AT
ITAT dismissed Revenue's appeal against CIT(A)'s order invalidating reassessment proceedings under s.147. AO had previously examined share premium issue during original scrutiny assessment under s.143(3) and determined s.56(2)(viib) inapplicable. Reopening was based on identical issues without fresh tangible material, constituting mere change of opinion. AO failed to consider material facts including financial statements, assessment queries, written replies, and High Court-approved amalgamation scheme. AO incorrectly stated assessee issued shares to amalgamating company when shares were issued to shareholders of amalgamating company. Reassessment invalid as initiated without new information and based solely on change of opinion.
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Acts Income Tax
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