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    October 17, 2026   Case Laws GST
    E-way bill accuracy in diverted transit sales determines Section 129 penalties despite no independent proof of tax evasion.
    October 17, 2026   Case Laws GST
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October 17, 2026   Case Laws GST
E-way bill accuracy in diverted transit sales determines Section 129 penalties despite no independent proof of tax evasion.
October 17, 2026   Case Laws GST
Expired e-way bill transport attracts GST detention penalties without proof of any tax-evasion intent being required.
October 17, 2026   Case Laws GST
Meaningful hearing in detention penalty proceedings requires reasoned adjudication; payment for release does not waive statutory challenge.
October 17, 2026   Case Laws GST
Compensation Cess ITC refunds require independent inverted-tax-structure eligibility; domestic leather supplies did not justify cash refunds.
October 17, 2026   Case Laws GST
Request-driven road restoration attracts reverse-charge GST, not governmental-function treatment or compensatory-damages status for business recipients.
October 17, 2026   Case Laws GST
Road restoration charges for commercial pipeline works are taxable Government services, with reverse charge liability and no public-function exemption.
October 17, 2026   Case Laws Income Tax
Section 311 CrPC: Essential evidence may be summoned for a just decision without unnecessary costs imposed on the applicant.
October 17, 2026   Case Laws Income Tax
Fresh documentary material limits reassessment beyond three years, while audit objections cannot support review of completed assessments.
October 17, 2026   Case Laws Income Tax
Conditional release of fixed-deposit liens protects revenue through payment security and asset-preservation undertakings during tax-demand disputes.
October 17, 2026   Case Laws Customs
IGST valuation under DFIA excludes tariff-rate customs duty when the available exemption reduces chargeable duty to nil.
October 17, 2026   Case Laws Customs
Consequential penalties for alleged import undervaluation fail when underlying demand proceedings are set aside entirely.
October 17, 2026   Case Laws Customs
Section 138B safeguards bar reliance on untested third-party statements, while customs penalties require proven knowledge of confiscability.
October 17, 2026   Case Laws Customs
ICEGATE technical glitches supported interest refunds where delayed Bill of Entry filing alone caused denial under the waiver order.
October 17, 2026   Case Laws Customs
Model-wise import cap monitoring cannot justify withholding used multifunction machines where all-India tracking is absent and full security is furnished.
October 17, 2026   Case Laws Money Laundering
Prior hearing before PMLA cognizance is mandatory under BNSS for Enforcement Directorate complaints filed after its commencement.
October 17, 2026   Case Laws Central Excise
Personal penalty for invoices without goods requires proven issuance or abetment and procedurally admissible witness statements.
October 17, 2026   Case Laws Income Tax
Pre-scheme tax payments linked to disclosed income must be adjusted under the Income Declaration Scheme.
October 17, 2026   Case Laws Income Tax
Reasoned appellate adjudication remains mandatory even where an income-tax appeal proceeds ex parte after notice non-compliance.
October 17, 2026   Case Laws Income Tax
Trust deed irrevocability prevents missing irrevocability or dissolution clauses from alone defeating charitable registration and donor-tax approval.
October 17, 2026   Case Laws Income Tax
Section 54 capital-gains deposit requirement limits exemption for conjoined homes to timely utilised amounts, with consequential statutory interest.

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Home › Highlights › IBC › 2025 › July, 2025 › This
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IBC

NCLAT upheld NCLT's rejection of Section 12A withdrawal...

Section 12A withdrawal rejected when filed before Committee of Creditors formation despite partial settlement

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IBC July 1, 2025 Case Laws AT
NCLAT upheld NCLT's rejection of Section 12A withdrawal application filed before Committee of Creditors constitution. Corporate debtor's Interim Resolution Professional filed withdrawal application after settling dues with one financial creditor, but another financial creditor timely filed claims and objected. NCLAT held that when CoC is not constituted, stakeholders may directly approach NCLT under Regulation 30A of CIRP Regulations. Adjudicating Authority properly considered relevant factors including nature and quantum of claims, noting NCLT is not merely a post office for Section 12A applications. Court emphasized no rigid formula exists for deciding withdrawal applications; each case requires fact-specific analysis considering objecting stakeholders' claims and settlement amounts with other creditors.
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