PMLA anticipatory bail requires satisfaction of twin conditions, while predicate-offence protection does not extend to independent money-laundering pr...
School-affiliation charges remain taxable where not directly connected with examinations, while extended limitation requires proof of deliberate tax e...
HC quashed customs duty drawback demand raised against a company post-CIRP acquisition. During CIRP moratorium, respondents failed to lodge drawback claims under Customs Act 1962 and Drawback Rules 2017. Since claims were not included in approved resolution plan, they stand extinguished per Sec 31A of IBC. Following Supreme Court precedent in Ghanashyam case, court held that claims brought during moratorium after adjudicating authority recorded claims are waived. Alternative remedy of appeal not required as legal position is well-settled that post-resolution plan approval, unincluded claims cannot be entertained. Petition allowed.
HC quashed customs duty drawback demand raised against a company post-CIRP acquisition. During CIRP moratorium, respondents failed to lodge drawback claims under Customs Act 1962 and Drawback Rules 2017. Since claims were not included in approved resolution plan, they stand extinguished per Sec 31A of IBC. Following Supreme Court precedent in Ghanashyam case, court held that claims brought during moratorium after adjudicating authority recorded claims are waived. Alternative remedy of appeal not required as legal position is well-settled that post-resolution plan approval, unincluded claims cannot be entertained. Petition allowed.
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