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    September 3, 2026   Case Laws Customs
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September 3, 2026   Case Laws Customs
Alternative statutory remedy and unexplained delay barred writ review of customs confiscation adjudication, leaving merits for appellate consideration.
September 3, 2026   Case Laws Customs
AIFTA dispute resolution cannot bar customs recovery proceedings where treaty mechanisms remain unincorporated into municipal law.
September 3, 2026   Case Laws Customs
Authorised courier due diligence protects against penalties where declared exports conceal prohibited goods despite proper documentation and customs presentation.
September 3, 2026   Case Laws Companies Law
Contempt undertakings require clear commitments, while foreign money decrees may warrant security pending execution proceedings.
September 3, 2026   Case Laws IBC
Provident fund claims during CIRP cannot bypass moratorium, resolution-plan extinguishment, or corporate debtor immunity for pre-CIRP defaults.
September 3, 2026   Case Laws IBC
Arbitration clauses do not bar insolvency proceedings where supply-related debt and default exist without a genuine pre-existing dispute.
September 3, 2026   Case Laws Money Laundering
PMLA property attachment extends to pre-offence assets where statutory reasons and independent adjudicatory satisfaction support proceedings.
September 3, 2026   Case Laws Money Laundering
PMLA attachment requires a proven nexus between share application money and the scheduled offence, not unsupported allegations.
September 3, 2026   Case Laws Money Laundering
Provisional attachment of proceeds of crime extends to buildings representing criminally derived funds, irrespective of enterprise viability.
September 3, 2026   Case Laws Service Tax
Timely service-tax adjudication: unexplained delay beyond the statutory framework can invalidate orders despite an available appeal.
September 3, 2026   Case Laws Service Tax
CENVAT credit at unregistered premises remains available, while construction-related works contract credit faces normal-period recovery and interest.
September 3, 2026   Case Laws Service Tax
Composite engineering services qualify as export where foreign recipient receives the service and physical goods availability is not essential.
September 3, 2026   Case Laws Companies Law
Forensic audit of asset dissipation permits scrutiny of banks and corporate facilitators in foreign-award execution.
September 2, 2026   Notifications Central Excise
Road and Infrastructure Cess on exported petrol and diesel is revised to a uniform per-litre rate.
September 2, 2026   Notifications Central Excise
Special Additional Excise Duty on exported Aviation Turbine Fuel is revised through a substituted effective duty rate.
September 2, 2026   Notifications Central Excise
Central excise rate amendment substitutes the serial-number-one table entry with a per-litre rate from Gazette publication.
September 2, 2026   Notifications Customs
Tariff value revision sets customs valuation benchmarks for edible oils, brass scrap, gold, silver and areca nut imports.
September 2, 2026   Circulars GST - States
Taxpayer confidentiality restricts external AI use while requiring officers to verify outputs and independently decide quasi-judicial matters.
September 2, 2026   Circulars Customs
Customs-controlled container movement now extends to DP World facilities, subject to segregation, inspections, reconciliation, and EXIM cargo priority.
September 2, 2026   Circulars Companies Law
Pending statutory filings under CCFS-2026 may be completed until 15 September 2026, with all other scheme conditions unchanged.

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Home › Highlights › IBC › 2025 › February, 2025 › This
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IBC

NCLAT upheld CoC's decision to reject appellant's late...

Late Resolution Plan Rejected as CoC Already Initiated Voting Process Under IBC Section 61(3)

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IBC February 21, 2025 Case Laws AT
NCLAT upheld CoC's decision to reject appellant's late resolution plan submission in CIRP proceedings. CoC had already initiated voting on three existing plans when appellant submitted request on 13.07.2023 followed by plan on 23.07.2023. CoC's deliberation revealed appellant's non-binding bid of Rs.23 crores through Phoenix ARC had expired, raising doubts about resolution integrity. Pinax's resolution plan secured 97% vote share during 19.07.2023-11.08.2023 voting period. NCLAT found no grounds to interfere with CoC's commercial wisdom under Section 61(3) of IBC, affirming Adjudicating Authority's approval dated 20.12.2024. Appeal dismissed as appellant failed to demonstrate procedural violations or legal infirmity in CoC's decision-making process.
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